Following their introduction in the Private Rented Housing (Scotland) Act 2011, the Scottish Government announced that Scottish tenant information packs will arrive on the 1st May 2013. From that date, a landlord will be required to provide the tenant with standard documents no later than the date on which the tenancy starts, as specified in the Tenant Information Packs (Assured Tenancies) (Scotland) Order 2013.
In particular landlords will require to provide tenants with the following documents:-
- a copy of the tenancy agreement
- where the tenancy is Short Assured, a copy of the AT5
- a copy of the relevant gas safety record
- a Tenant Information Pack
Scottish Tenant Information Packs are essentially 'a tenants guide to private sector tenancies in Scotland' and will include:
- types of tenancies
- grounds for repossession
- energy performance certificate
- gas safety
- inventory
The Pack also includes information regarding the Repairing Standard similar to what landlords currently provide to tenants in the form of a Repairing Standard letter. In view of this, the Order confirms that landlords will no longer require to issue a separate Repairing Standard letter to tenants.
The standard documentation can be provided separately or in one bundle. There is also provision for the documents to be provided to the tenant electronically if the tenant gives consent to electronic communication and provides an email address. The landlord must use the email address provided by the tenant for communication in this regard.
Landlords should however be careful when issuing the AT5 as part of the standard documentation:-
- In order to create a Short Assured Tenancy, the Housing (Scotland) Act 1988 Act provides that the AT5 must be given to the tenant prior to the signing of the tenancy agreement. However, the standard documentation can be provided no later than the date the tenancy starts.
- A landlord would not be able to provide the AT5 electronically. The 1988 Act states that it must be either delivered to the tenant personally, left at their last known address or sent by recorded delivery.
The landlord should therefore continue to ensure that the AT5 is served on the tenant by one of the aforementioned methods of service under the 1988 Act and prior to the signing of the tenancy agreement.
LetLaw will issue a full guide to Scottish tenant information packs and the standard documentation required in due course. However, get in touch with our team if you have any specific landlord legal queries.
