Letting Advice for Landlords Glasgow, East Kilbride & Edinburgh
While most tenancies run smoothly for the most part, with the large number of rented properties in Glasgow this means that, from time to time, landlords run into disputes with their tenants.
Landlord and tenants rights and obligations
Most private tenancies are created by a Tenancy Agreement. A tenancy agreement is a legally binding contract between you and your tenant. As a landlord, it’s important you know your obligations under the agreement.
Evicting any tenant is complex and needs to be done using the correct process and documents. Failure to do this can be catastrophic.
Landlords are under an obligation to keep the property in a state of good repair (both internally and externally), to have any gas appliances certified safe and to ensure that fire detection equipment is installed and in working order.
Your tenant is obliged to ensure that rent is paid on time and that the property is taken care of.
Tenancy agreement advice for landlords
We advise on all forms of Scottish Tenancy Agreements. If you are unsure what how to draft a tenancy agreement for your property, get in touch with us now.
Assured tenancy agreements
These are uncommon. An Assured Tenancy is the default tenancy if there is no tenancy agreement in place between you and the tenant. Some properties cannot be let under an assured tenancy agreement. If you are a private landlord, you rent a property and:
- The tenancy began after 2/1/1989;
- The tenant was not given an AT5 form (stating that the tenancy is a short assured tenancy);
- The property is you’re the tenants main home;
- It is a residential property;
- You do not live with your tenant;
Then the tenant may be an assured tenancy. Tenants with assured tenancies have greater rights than those with other types of tenancy agreement.
Secure regulated tenancy agreements
These types of tenancy agreement were the most common before 1989.
If your property has been occupied since before this time, it is likely that the tenant has a ‘regulated tenancy.’ In comparison to other private letting arrangements, tenants with Secure Regulated tenancies have the most secure rights.
Short assured tenancy agreements
These are the most common type of private tenancy. All short assured tenancies last a minimum of six months. These types of tenancy have been ‘shortened’ by the serving of an AT5 form before the tenancy agreement has been signed. In the absence of an AT5 form, the tenancy may default to an assured tenancy. These types of tenancy are easier for a landlord to bring to an end than other types of tenancy.
If you need expert specialist legal advice in connection with your property or are involved in a dispute with a tenant, we can help.
This is a privately funded fixed fee specialist legal service.