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A tenancy agreement is a contract between you and your tenant. It covers things like safety, payment of rent and house rules.
As a landlord, you must give your tenant all the terms of their tenancy in writing. If you don't you'll be breaking the law.
You can use this form to create a Scottish Government Model Tenancy Agreement (MTA). The MTA includes:
To use the MTA you'll need to enter:
The form also includes 2 sets of terms.
One is known as 'must-include terms'. You'll need to give your tenant a copy of these terms if you're using the MTA. These cover the:
You can't change or edit these terms if you use the MTA.
The other set of terms, known as 'extra terms', are terms that you can choose to have in your tenancy agreement. They cover a number of rules and you should read through them to check they apply to your property.
Both sets of terms are explained in more detail within the form.
You'll need to know:
You can fill in the details you do know online, print the form and fill in the rest later.
We don't store any of the details you enter into this form.
Find out more about our use of data.
Enter a postcode to find the property's address.
The 'type of home' you've chosen covers the inside of your property. If you want it to be clear that your tenancy agreement also covers other areas, such as a private garden or a common area, you should list the extra part.
You can also include a 'facility' if you want, such as a home telephone.
If you put something, you need to choose whether the listed part of your property is:
You need to say whether the home in this tenancy agreement is:
You need a HMO licence if:
Choose the start date of the tenancy.
Use DD/MM/YYYY format.
Enter the total regular amount of rent payable for this property, and the frequency of payment.
You should list all services that are charged for as part of the rent.
Services can include things like a laundry service or a maintenance charge for shared areas.
This tenancy agreement needs to tell your tenant:
It can be for the same amount or a different amount to normal rent payments.
The amount you put mustn't include the deposit.
Use DD/MM/YYYY format.
Use DD/MM/YYYY format.
The amount you put must be no more than the total of 2 months' rent.
If your letting agent looks after a service for you, such as repairs or complaints, you need to list these things for your tenant.
List any other service your letting agent doesn’t look after but is the first point of contact for.
These are the terms that, by law, you must give your tenant as part of a new tenancy agreement in Scotland. In the final tenancy agreement these terms are known as the 'mandatory clauses' of your contract. You can't change or get rid of any of these terms.
They cover things like:
Your input has been inserted into the mandatory terms and is shown highlighted in blue. If you notice any errors you can go back to the relevant section and correct them.
If a person aged 16 or over (who is not a Joint Tenant) occupies the Let Property with the Tenant as that person’s only or principal home, the Tenant must tell the Landlord in writing that person’s name, and the person’s relationship to the Tenant.
If that person subsequently leaves the Let Property the Tenant must tell the Landlord.
The Tenant will take reasonable care to ensure that anyone living with them does not do anything that would be a breach of this Agreement if they were the Tenant.
This Tenancy may be ended by:-
The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, he or she must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies.
If the Landlord applies to the Tribunal for an eviction order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used.
The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property.
The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant:
The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the eviction grounds already mentioned in this paragraph.
The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies.
Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction.
If the Tribunal is satisfied that any of the mandatory eviction grounds exists, it must issue an eviction order. The eight mandatory grounds are:
Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an eviction order. The eight discretionary grounds are:
These two eviction grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an eviction order in some circumstances, but not in others:
These are terms you can choose to have in your tenancy agreement. In your final tenancy agreement they are known as the 'discretionary clauses' of your contract.
You can amend or delete any of the terms if you don't think they apply to your property.
They cover things like:
You can choose to add more terms of your own to this agreement if you want.
You need to complete the following challenge before you can download your tenancy agreement.
If you don't give your tenant these, your tenant can apply to a first-tier tribunal and make a claim for up to 3 months' rent.
If you've got more details you want to add to your tenancy agreement you can choose the Word document download, save it to your computer and add them later.
Or you can download and print this tenancy agreement and fill in what you need by hand.
You and your tenant can finish this agreement by signing:
If you're sending the agreement by email you should sign this tenancy agreement before you send it to your tenant.
The most common way you can sign a word document is by opening the document in Microsoft Word and typing your name where you need to sign.
If it's a PDF, you can open the document in Adobe Acrobat Reader DC (opens in a new window) and use Adobe's 'fill & sign' tool.
If you don't have Adobe Acrobat Reader DC you can get it as a free download (opens in a new window). You can also read Adobe's advice about signing a PDF (opens in a new window) if you need more help.
Your tenant can also sign in the same way and send the agreement back to you by email.
You should keep a record of emails you send to and receive from your tenant. This includes emails about your tenancy agreement.
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