26 December 2014

A New Model Private Rented Sector Tenancy

EHAP has responded to the Scottish Government's Consultation on modernising the model tenancy in the Private Rented Sector.

Our response can be seen here.

The most common type of tenancy in the Private Rented Sector - Assured and Short Assured Tenancies - have been in existence since 1989 (introduced by the Housing (Scotland) Act 1988).

We agree with the Scottish Government that it is time to review and update the model of tenancy used in the Private Rented Sector, although - as can be seen in our Response to the Consultation - we don't agree completely with the new proposals.

We do agree that the existing 'no fault' Ground for repossession of a Short Assured Tenancy should be removed, but don't agree with the proposal that all the new Repossession Grounds should be Mandatory.

EHAP provides regular representation in Repossession proceedings concerning Private Rented Sector tenancies at the Sheriff Court and strongly believe that a judicial consideration of whether it is reasonbale to grant Decree for Repossession should be retained.

We also argue for more effective regulation of the Sector and for rent controls - particularly needed in Edinburgh, where rents are significantly higher than the Scottish average.

The Scottish Government's Consultation ends on 28 December.  A copy of the Cosultation document can be viewed here.

If you are a Private Sector Tenant, and need advice on any aspect of your tenancy, you can contact EHAP on 0845 302 4607, or via the 'Contact Us' part of this website.

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