Signing a private tenancy agreement
A tenancy agreement is a legal contract between you and your landlord.
It explains all the terms of the tenancy, including rules about:
- rent
- repairs
- ending the tenancy
If your landlord does not give you the right paperwork, a housing tribunal can order them to do so.
Getting a tenancy agreement
You must get and sign a tenancy agreement.
Your landlord must give you both:
- a signed copy of the tenancy agreement
- supporting documentation that explains your legal rights
They must do this by the end of the first day that the tenancy starts.
Type of tenancy agreement
In most cases, your landlord must give you a private residential tenancy agreement when:
- the property is your main or only home
- they do not live in the property with you
There is no fixed length for private residential tenancies. The tenancy continues indefinitely until you or your landlord end it.
They cannot give you an assured or a short assured tenancy for a new tenancy. These are older tenancy types that can no longer be created in Scotland.
Tenancy documents you must get
Your landlord must either give you:
- a model tenancy agreement and a copy of the easy read notes
- their own tenancy agreement and the supporting notes
The easy read notes or the supporting notes set out all your legal rights.
If your landlord decides to create their own tenancy agreement, they must make sure it contains everything that it should under the law.
If your landlord does do this, check how to resolve a problem with your tenancy documents.
Checking for unfair terms
Your landlord cannot put anything in your tenancy agreement that either:
- takes away your legal rights
- adds unfair terms
This includes:
- making it harder for you to end the tenancy
- making it easier for your landlord to enter the property
- making you pay for repairs that they're responsible for
- including a length of lease, or fixed term
Your landlord cannot legally enforce any unfair terms. If you want to get them to remove an unfair term from your tenancy agreement, check how to resolve a problem with your tenancy documents.
Signing a joint tenancy agreement
If you’ll rent the property with other tenants, a landlord can ask you to sign the same agreement. This makes you joint tenants.
All joint tenants are equally responsible for the rent. If one tenant cannot pay their rent, your landlord can ask the other tenants to pay.
Joint tenants must end the tenancy together. If only one tenant wants to move out, they cannot give notice alone.
You will not be joint tenants if you sign separate agreements.
Agreeing how you’ll contact each other
As part of the tenancy agreement, you and the landlord should agree how you’ll contact each other. This can either be by:
- agreed email address
- paper letter, delivered in person, or by recorded delivery
You must make sure your landlord has up to date contact details for you during the tenancy.