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Create a tenancy agreement

Warning
This version of the form is in place from 3 October 2020 until 31 March 2021.
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 private residential tenancy in writing. If you don't you'll be breaking the law.

Most private tenancies started on or after 1 December 2017 will be private residential tenancies. Information about private residential tenancies can be found in the Scottish Government's guidance for landlords.

Get a private residential tenancy agreement

You can use this form to create a Scottish Government Model Tenancy Agreement (MTA) for a private residential tenancy. The MTA includes:

  • a tenancy agreement
  • all the terms you need to give your tenant

See a read-only example of the Scottish Government Model Tenancy Agreement.

To use the MTA you'll need to enter:

  • your details
  • the details of your tenant or tenants
  • details about rental payments and your property

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:

  • rights of you and your tenant
  • legal rules you both need to follow

You cannot 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.

Once you've finished, you can download your tenancy agreement as a Word document or a PDF.

Details you'll need to complete your tenancy agreement

You'll need to know:

  • details of all the tenants who'll be living in the property
  • the property's address
  • the start date of the tenancy
  • rent details
  • deposit details
  • if a letting agent manages the property, the details of that letting agent

If you do not know all the details you need

You can fill in the details you do know online, print the form and fill in the rest later.

Your details

We do not store any of the details you enter into this form.

Find out more about our use of data.

Property details

Type of home

Select the type of home for let

Other parts of your property and facilities

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:

  • included - this means the tenant can use it and only them
  • excluded - it's a part of the property but the tenant can't use it
  • shared - the tenant can use it but it's shared with others, such as a common area

Furnishings

You need to say whether the home in this tenancy agreement is:

  • Unfurnished - this means that carpets, curtains and some white goods, such as a fridge or cooker, are included in the property.
  • Part Furnished - could have the same as an unfurnished property, plus things like wardrobes, dining table and chairs. Things like beds, 3-piece suites, TV, dish washers or washing machines would not usually be included.
  • Furnished - could include all the items of a part furnished property, plus things like a 3 piece suite, TV, dish washer, cutlery or washing machine.
Is the home:

House in Multiple Occupation (HMO)

You need a HMO licence if:

  • you rent your property out to 3 or more tenants over the age of 16
  • 3 or more of these tenants are not related or part of the same family
  • your property is the only, or the main, place they live
Is the home for rent a House in Multiple Occupation (HMO)?

Use DD/MM/YYYY format.

If you have submitted a renewal application please indicate

Tenancy start date

Choose the start date of the tenancy.

Use DD/MM/YYYY format.

Payment details

Enter the total regular amount of rent payable for this property, and the frequency of payment.

Will the payments be paid in:

This means you're paid for the period coming up, e.g. the month ahead

This means you're paid for the time that's just passed, e.g. for the last month

Services included

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.

First payment

This tenancy agreement needs to tell your tenant:

  • how much the very first payment of rent is
  • its date of payment

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.

Deposit

The amount you put must be no more than the total of 2 months' rent.

Communication agreement

Warning
You must agree with your tenant how you can both send things, like a legal notice, to each other.
What have you agreed with your tenant?

Letting agent

Is a letting agency managing the property?

Letting agent details

Enter the address manually

Letting agent services

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.

Summary

Must-include terms

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:

  • data protection
  • access for repairs
  • safety, such as laws about smoke detectors and gas safety

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.

Notification about other residents

This 'must-include term' contains some text that you can change, if you prefer.

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.

Ending the tenancy

This 'must-include term' contains some text that you can change, if you prefer.

This Tenancy may be ended by:-

  • The Tenant giving notice to the Landlord
    • The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, his or her agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants.
  • The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in schedule 3 of the Act. This can happen either:-
    • By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later.
    • or:-
    • By the Landlord giving the Tenant a Notice to Leave stating one or more of the eviction grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an eviction order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the eviction order.

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 your Landlord must give you will depend on the eviction ground used. The notice period (during COVID-19 emergency procedures) will either be 6 months, 3 months or 28 days. Details of the amount of notice that your landlord must give you for each ground are detailed below:

Grounds that require 6 months’ notice:

  • Your Landlord intends to sell the Let Property
  • The Let Property is to be sold by the mortgage lender
  • Your Landlord intends to refurbish the Let Property
  • Your Landlord intends to use the Let Property for a non-residential purpose
  • The Let Property is required for a religious purpose
  • You cease to be - or fail to become - an employee of the Landlord
  • You no longer need supported accommodation
  • You have breached a term(s) of your tenancy agreement
  • You are in rent arrears over three consecutive months
  • An Overcrowding Statutory Notice has been served on your Landlord

Grounds that require 3 months’ notice:

  • Your Landlord intends to live in the Let Property
  • Your Landlord’s family member intends to live in the Let Property
  • Your Landlord has had their registration refused or revoked
  • Your Landlord’s HMO licence has been revoked or renewal has been refused

Ground that requires 28 days’ notice:

  • You have a relevant criminal conviction
  • You have engaged in relevant antisocial behaviour
  • You have associated in the Let Property with someone who has a relevant criminal conviction or has engaged in relevant antisocial behaviour
  • You are no longer occupying the Let Property

Summary of your tenancy agreement

Your tenancy agreement is ready

You need to complete the following challenge before you can download your tenancy agreement.

Your download includes:

  • your tenancy agreement, with all the details you've entered
  • the terms of your tenancy agreement you must include, known as 'mandatory clauses', which are written in bold in your download
  • the terms of your tenancy agreement you've chosen to include, known as 'discretionary clauses', which are written in a normal font
  • the Scottish Government's 'easy read notes' that help explain the tenancy agreement and the tenancy agreement's clauses
  • any terms of your own you've added, if any

You must give your tenant:

  • the tenancy agreement
  • the must-include terms of your tenancy agreement, known as 'mandatory clauses', which are written in bold in your download
  • the Scottish Government's 'easy read notes' that help explain the tenancy agreement and the tenancy agreement's clauses

If you do not 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.

Signing the agreement

You and your tenant can finish this agreement by signing:

  • a Word document or PDF
  • a paper copy

Signing a Word document or PDF

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 and use Adobe's 'fill & sign' tool.

If you do not have Adobe Acrobat Reader DC you can get it as a free download. You can also read Adobe's advice about signing a PDF if you need more help.

No need to print

You and your tenant can send a signed tenancy agreement by email. You don’t need to print it.

Keep a version saved

You should keep a record of emails you send to and receive from your tenant. This includes emails about your tenancy agreement.

If you sign a paper copy

If you do this you'll need to have 2 versions signed, one for your tenant to keep and one for you to keep.

You and your tenant can either sign the agreements in person or you can post both copies for your tenant to sign.

No one needs to witness the signing of this agreement.

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