Discretion clauses are optional clauses that your landlord can add to the lease agreement in addition to the mandatory clauses. The following examples may not necessarily appear in any PRT agreement, but they are relatively common. You can also find in your PRT agreement some evaluation clauses that are not mentioned below. The Scottish Government has also provided supporting documents to help tenants better understand their tenancy agreement: six notices/forms are provided for by law and must be used for specific purposes when a tenant has a private lease. These include an exit notice and a communication on rent increases. This informs the tenant of all the terms of his tenancy agreement. It`s a contract between you and your tenant. It includes things like security, rent payment and internal settlement. The rights conferred on you by law always terminate the rights stated in a written or oral agreement. An agreement that indicates that you or your landlord has fewer rights than those given under common law or law is a fictitious lease.
Housing, a place to call home: a strategy for the private rental sector in Scotland included a measure to revise the current rental law, to ensure that it is useful and to meet the growing demand for private rental housing from a number of types of households, including families. In September 2013, a group led by Denstakeholdern was set up to verify private leases. There is no need for a new AT5 every time the rent is renewed. In combination, your PRT should detail all the conditions of your rental. Yes, owners must provide a written copy of the TRP and it must include all conditions in the rental agreement. All that has been agreed orally must be added to the written agreement. Leases must be clearly written and easy to understand and should never contain conditions that could be “unfair”. A change of ownership does not create a new lease, the original contract is maintained.
The rental agreement can give you and your landlord more than your legal rights, but no less than your legal rights. If a clause in the lease gives you less than your legal rights to your landlord, it is an abusive clause that cannot be applied. Or you can download and print this rental agreement and fill out by hand what you need. Private residential lease (PRT) was completed on 1 December 2017 and replaced previously guaranteed and short-term leases for all new leases in Scotland. You have a number of rights and obligations between you and your landlord, including any optional clauses that your landlord may add. This manual explains what a PRT is, how and when to see a copy of it and what you can expect in the agreement. The group made a key recommendation, namely to replace the current secure leasing regime with a new leasing regime for all future private sector leases. The group also agreed that the new lease should offer clarity, simplicity, ease of use and flexibility. These notes will help them understand their rights and obligations during the lease.