Tenancy Rental Agreement

 

Short Assured Tenancies

Here, at Glenrothes Rental Solutions, we use a Short Assured Tenancy. This type of

tenancy was introduced by the Housing (Scotland) Act 1988 and came into force on

2nd January 1989.

The Short Assured tenancy applies to houses and flats we let as separate

dwellings to individuals, either as tenants or joint tenants, providing it is their main or

principal home.

The assured tenancy offered by Glenrothes Rental Solutions Ltd ( the landlord ) at the

beginning of the tenancy is a contractual assured tenancy for a 6 month period.

A tenant with a short assured tenancy has security of tenure only during the agreed period

of let.

The tenant can only be evicted during this time if they break any of the tenancy conditions.

At the end of the agreed period the landlord can apply for repossession.

Short Assured Tenancies are a special type of tenancy, and, it gives us, Glenrothes Rental

Solutions Ltd ( the landlord ),special rights to repossess a house or flat we have let,

unless a new lease has been arranged.

The Short Assured Tenancy in the first instance, must be for not less than 6 months.

In order for a tenancy to be classed as Short Assured, we must also serve an AT5 Notice in terms

of Section 32 of the Housing (Scotland) Act 1988.

The AT5 Notice must be served prior to the creation of a tenancy agreement being signed.

If the AT5 Notice is served after the lease agreement has been signed, the tenancy cannot

be deemed to be a Short Assured, and the tenancy created would become a Statutory Assured

Tenancy.

With Glenrothes Rental Solutions, at the end of the initial 6 month Short Assured tenancy, we

offer our tenants 2 options -

•Renew the tenancy for another fixed term ( either on a month to month basis, a six month

basis or a 12 month basis.)

•Recover possession (a reason does not have to be given if the tenancy has validly come to an end)

Before the fixed term tenancy comes to an end, Glenrothes Rental Solutions must give the tenant

at least two months notice, in writing. This is normally served at the start of the tenancy, or at least

no less than, 2 months before the end date of the tenancy.

If the tenant refuses to leave at the end of lease period, we can take the tenant to court to evict the tenant

and, in addition, pay all our expenses in raising the action.

For the landlord to gain possession of the property at the end of the short assured tenancy, the court

must be satisfied that -

•It has come to the end of it's set period ( i.e. the lease has ended )

•What is called 'tacit relocation' is not operating (if the proper notices have not been served on time,

then the short assured tenancy will continue on the same terms and condition as the original tenancy).

•There is no further contractual tenancy existing.

•The landlord has given notice that they require possession of the house - by serving an AT6 along

with a Notice to Quit.

Glenrothes Rental Solutions must serve The Notice to Quit, at least 28 days or 40 days before the end

of the tenancy.

The Notice (AT6) telling the tenant that the landlord requires possession must be served 2 months

before possession is required.

Glenrothes Rental Solutions Ltd has many years experience in the property rental market, and have

systems in place to ensure that tenants do not breach the terms and conditions of their lease.

Should  the lease terms and conditions be breached, we will have no hesitation in raising court action to

ensure a speedy conclusion to any rental problems, thereby allowing us to regain possession of the property

for further letting.

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