If you have a 'private residential tenancy', the law says your landlord needs to give you, in writing:
- all the terms of your tenancy
- either the 'Easy Read Notes for the Scottish Government Model Tenancy Agreement', or the 'Private Residential Tenancy Statutory Terms Supporting Notes'.
If your tenancy started on or after 1 December 2017, you're likely to have a private residential tenancy.
Your tenancy agreement
Most of the time a landlord will use a tenancy agreement to set out all the written terms of your tenancy. Your landlord can use:
- the 'Scottish Government Model Private Residential Tenancy Agreement'
- another tenancy agreement
Any tenancy agreement that your landlord uses must include all the terms needed by law.
If your landlord uses the Scottish Government Model Private Residential Tenancy Agreement they must also give you a copy of the 'Easy Read Notes for the Scottish Government Model Private Tenancy Agreement'.
If they give you another type of tenancy agreement, they must also give you the 'Private Residential Tenancy Statutory Terms Supporting Notes'.
When you should get these
Your landlord should give you these things by the end of the first day of your tenancy.
If something changes
If the terms of your tenancy change, your Landlord must give you written terms that explain the changes within 28 days.
If your tenancy is changed to a private residential tenancy from another type, your landlord must give you the new terms of your tenancy and the right set of notes within 28 days of the change.
If you do not get what you need
If your landlord does not give you all the terms of your tenancy in writing or the correct set of notes, you can apply to take them to the First-tier Tribunal for Scotland Housing and Property Chamber (the Tribunal).
You can apply to the Tribunal using form D. There's guidance to help you complete the form. Download form D from the Tribunal's website.
Before you apply, you'll need to give your landlord at least 28 days' notice that you want to take them to the Tribunal. You can do this by filling in a form online.
If you decide to take your landlord to the Tribunal you can apply for a 'payment order'. If a payment order is made against your landlord, it means they'll have to pay you money. How much you'll get depends on what your landlord has not given you, but it can be up to the value of 6 months' rent.
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