Are you aware that the Private Rented Housing (Scotland) Act 2011 is proposing that all landlords will have to provide a tenant information pack in future?

The aim of this Act is to support responsible landlords and address more effectively the problems caused by landlords who act unlawfully, by strengthening the regulation of the private rented sector. One of the proposals within this Act was the introduction of a 'Tenant Information Pack' for all private sector tenants.

The Government have now indicated that they wish to consult with tenants and landlords on what should be contained in this pack. 

The proposal relating to the Tenant Information Pack is that it should have documents containing information about:

The tenancy

The tenant is told about the different types of tenancy which may exist in the sector

The house

The landlord would have a legal obligation to provide information about gas and electrical safety, energy performance certificates, council tax liability and repairing duties

The landlord

This section would give information about landlord registration and HMO licensing

The rights and responsibilities of tenants and landlords

The pack will outline:

• the various legal rights and duties of both parties,
• briefly summarising the law
• give additional information on topics such as unlawful eviction, harassment, tenancy deposits and antisocial behaviour

The intention is that the preparation and production of this pack should not cause any additional burden on landlords and the consultation paper makes it clear that the pack can be provided either electronically or in a hard copy format. It appears the Government's intention is for a standard form document, accessible online and that will be updated as and when required.

The Scottish Government do accept that there is generally good communication between landlords and tenants. They accept that the vast majority of private sector landlords operate to good standards and they wish to encourage continued improvement in the sector. However, for a number of landlords the information in the proposed pack may be an eye opener!!

The consultation is open for response until 21 May. As ever we will be happy to provide further information on these proposals and we will keep our clients fully informed as this consultation progresses towards the ultimate introduction of the pack.

If you'd like any legal advice on any landlord related issues, get in touch.