Scottish secure tenancy model agreement - revised 2002

Model Scottish Secure Tenancy Agreement

SECTION 1

1 HOW TO USE THE MODEL

1.1 The form of the Model Scottish Secure Tenancy Agreement (MoSSTA) is as follows. There are three categories of clause. The first category is the Core clause. This represents a summary of the landlord and tenant's Core rights and obligations which are expressed in the Housing (Scotland) Act 2001 and other relevant housing legislation. These Core rights include the right to buy, security of tenure, rights of succession. The expression of these Core rights in the Agreement can only be a gloss on the statute which takes precedence in the event of any dispute as to interpretation. Such clauses are mandatory. They are indicated in bold. The second category is those clauses which replicate, in a contractual fashion, the common law rights and obligations in respect of repairs, maintenance and use and care of the house. Such clauses are also mandatory. They are indicated in italics. The third category of Clause is optional. It deals with a variety of peripheral matters that landlords may or may not wish to include. It also covers optional augmentations to the statutory and common law position that some landlords may wish to include. Such clauses are indicated in ordinary typeface. Clauses in square brackets [ ], indicate clauses with options depending on local arrangements (such as frequency of rent payments). Detailed references are given in the notes to each paragraph. A number of clauses derive from other statutory sources not specific to housing law but are not part of the Core rights. These are not highlighted in the text. Reference is made to them in the Notes. It is recommended that such clauses be maintained in any Scottish secure tenancy agreement. Landlords are free to add other clauses to their own tenancy agreement or vary them so long as the requirements of the 2001 Act are met.

1.2 It is recognised that the full text of MoSSTA would probably not be read by the majority of tenants. It is also recognised that it would be impractical to expect housing officers to take tenants through the full text of MoSSTA in the signing up process. However, MoSSTA is not designed to be read at a single sitting or to be used for the signing-up process. It is there to encapsulate the rights and obligations of both landlord and tenant. In effect, it provides a useful reference tool for landlord and tenant where more detailed information is required on the legal responsibilities of landlord and tenant. A summary form of the Agreement (see next paragraph) would be used at the signing up process. It is intended that a tenant or housing officer wishing more detail about any aspect of the tenancy will be able to make reference to MoSSTA for clarification. In addition, there are also detailed notes referring to each paragraph of MoSSTA. These notes will not appear in the version signed by the landlord and tenant but are intended as an aid to understanding of the agreement.

1.3 MoSSTA is intended to be used with the Summary MoSSTA (SuMoSSTA). It follows the same structure as the principal Agreement but is considerably shorter. SuMoSSTA is no longer than the majority of social sector tenancy agreements and shorter than many. The purpose of SuMoSSTA is to provide a document which encapsulates the principal elements of MoSSTA. It will help housing officers when signing up tenants. It also provides a handy summary for tenants and housing officers of the main terms of the tenancy. However, it does not and cannot act as a substitute for MoSSTA; neither does it in any way change the meaning of any term or condition contained within MoSSTA. It is insufficiently precise and comprehensive to be anything other than a broad summary of the position. Nevertheless, it is intended to have a practical everyday utility .

1.4 Thus, at signing up, the Scottish social tenant will receive the following documents:

• SuMoSSTA (which the housing officer uses in the signing-up process to explain the principal terms)
• MoSSTA which is signed by landlord and tenant after the tenant has been given the opportunity of reading the text, (but if the tenant does not wish to do so, its legal validity is not affected).
• Tenants' handbook or equivalent (which will provide extra detail particularly in relation to local matters). Neither the tenant's handbook nor the SuMoSSTA will have direct contractual effect.