Monday 3 June 2013

Landlords in Scotland now required to provide Tenant Information Pack

From 01 May 2013 it became a legal requirement for landlords to provide new tenants with a Tenant Information Pack when setting up an Assured or Short Assured Tenancy in Scotland.  This replaces the Repairing Standard Letter (information about the repairing standard is included in the pack).


Landlords who provide an assured or short assured tenancy will have a legal duty to provide new tenants with a tenant information pack, under section 30A of the Housing (Scotland) Act 1988. This includes the renewal of existing tenancies where the landlord and tenant draw up a new lease. A tenant information pack will not be required for existing leases.
The tenant information pack includes information on the Repairing Standard, and its provision satisfies the separate obligation of a landlord to provide a tenant with written information about the landlord’s duty to repair and maintain (Chapter 4 of Part 1 of the Housing (Scotland) Act 2006).
The tenant information pack is a standardised pack which provides information to tenants in privately rented housing. It talks about property condition, tenancy agreements, and the rights and responsibilities of landlords and tenants.
The aim of the pack is to improve the accessibility of information available to tenants. It is recognised that good information may already be available to tenants and the pack is not intended to replace this, but to ensure that all tenants in privately rented homes receive the same minimum standard of information.
If a letting agent manages the tenancy the tenant should still receive a pack.   A letting agent can provide the pack on behalf of the landlord.   However, the legal duty to ensure that the tenant receives a tenant information pack remains with the landlord.
Failure to provide a tenant information pack is a criminal offence.  If a landlord does not provide the pack, they can be fined up to £500.
More information about the pack including frequently asked questions are available on the Scottish Government website.
Acknowledgements. The information in this article has been taken from the Scottish Government’s Frequently Asked Questions about the Tenant Information Pack and provided by UKALA to its members.

1 comment: