Getting started in a private rented tenancy
Signing your lease
You will be given many forms when you sign your lease, they may include:
- An AT5 form
- Prior notification of grounds for possession
- The lease or tenancy agreement
- Housing Benefit mandate
- Key agreement
- Standing Order/ Bank forms
Your landlord must provide you with :
- a Tenant Information Pack
- a relevant gas safety record (where gas appliances are provided)
Prior notification of grounds for possession
If the property has been the landlord's own home or there is still a mortgage outstanding on the property, the landlord will need to give you notification before the tenancy that he may seek to recover possession of the property under Grounds 1 - 5 of the Housing (Scotland) Act 1988.
Lease or Tenancy Agreement
A tenancy agreement is a legally binding contract, so make sure you read it before you sign it. The landlord should offer you a draft of the agreement to take away and read before you commit to the contract. If you don't understand what it means, don't sign it. All tenants are entitled to a written lease and it is unlawful for landlords and agents to charge for the preparation and supply of a lease. Contact us if you need help understanding your agreement.
Your landlord may hold keys to your property but they do not have an automatic right of access. Your landlord may only access your property with your permission, in the event of a genuine emergency (fire, flood or gas leak, etc.) or where they have first obtained a court order. By signing a key agreement you and your landlord are spelling out the circumstances in which keys can be used.
Tenant Information Pack
Your landlord is required to provide you with a Tenant Information Pack. This document offers you information on your and your landlord's rights and responsibilities. You and your landlord will sign this document.