The Scottish Government have released a Consultation in connection with the Private Rented Sector. One of the most far reaching proposals is to change the type of tenancy most commonly used in the Sector. Currently most Private Rented Sector properties are let on Short Assured Tenancies ("SAT").

There will be new provisions regarding Notices to Quit and a reduced number of grounds in terms of which a landlord can repossess a let property. All of these grounds will be mandatory, however. The proposed new mandatory grounds for possession are:

  • the landlord wants to sell the home;
  • the mortgage lender wants to sell the home;
  • the landlord wants to move into the home;
  • refurbishment;
  • change to the use of the home;
  • the tenant has failed to pay three full months' rent;
  • the tenant is anti-social;
  • the tenant has otherwise breached the tenancy agreement.

Turcan Connell will be reviewing the Consultation with particular reference to a landlord's ability to obtain possession of their property when they require to do so. A more detailed Note on the implications of the Consultation will be published on our web site in due course.

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