Private residential tenancy model agreement: easy read notes

5. Details of the property

The Agreement will contain the address and other details about the property - for example whether the property is a flat or a bungalow.

The Agreement should make it clear:

• what areas and facilities are included in the property and if any of those are to be shared; and
• what (if any) areas are not included.

This information is helpful if the property is part of a larger building where it might not be obvious which parts of the larger building are included in the property being let.

The Agreement may list shared areas, such as a shared garden or communal entrance area.

The Agreement may list parts not included in the property being let, such as, for example, a part of the garden or a parking space which is only to be used by another tenant of the building.

The Agreement should say whether or not the property is to have any furniture provided by the landlord. If there is furniture, it will probably be listed in an Inventory and Record of Condition. This is a list of all the items included so that the landlord and tenant can agree what was there at the start of the Agreement, and the condition of these things at the start of the Agreement.

The Agreement should say whether the property is in a Rent Pressure Zone. If it is, then the landlord will only be allowed to increase the rent by a certain amount each year. More information on this can be found on the Scottish Government’s website.

The Agreement should say whether the property is a House in Multiple Occupation (HMO). A home is an HMO:

• if it is occupied by three or more adults (aged 16 or over)
• they are from three or more families
• the home is their only or main residence
• it is either a house, premises or a group of premises owned by the same person with shared basic amenities (a toilet, personal washing facilities, and facilities for the preparation or provision of cooked food) (as defined in section 125 of the Housing (Scotland) Act 2006)

If the property is an HMO, the Agreement should give the 24 hour contact number and the date on which the licence for the HMO will finish.

HMO landlords must have a licence from the local authority to make sure that the property is managed properly and meets legal safety standards. Because the landlord needs to get a licence if the property is an HMO, it is important that the tenant tells the landlord if extra people move into the property (see Note 13 – Notification about other Residents).