Private residential tenancies, disputes and Section 11 notices (homelessness)
The Private Housing (Tenancies) (Scotland) Act 2016 – legislation.gov.uk came into force on 1 December 2017 and introduced the 'private residential tenancy'.
Private residential tenancies
The purpose of the tenancy is to:
- improve security for tenants
- provide safeguards for landlords, lenders and investors
The new tenancy is open-ended and will last until a:
- tenant wishes to leave the let property
- landlord uses one or more of the 18 grounds for eviction
Guidance (including a model tenancy agreement) is available for both landlords and tenants:
- private residential tenancy: information for landlords – Scottish Government
- private residential tenancy: information for tenants – ScottIsh Government
Resolving disputes
The Housing and Property Chamber:
- make decisions on rent or repair issues in private sector housing
- deal with civil cases relating to the private rented sector that were previously handled within the Sheriff Court
This includes:
- applying for eviction and repossession orders
- requesting consideration of whether a tenancy has been unlawfully terminated
- resolving disagreements on fulfilling terms of a private residential tenancy
- resolving disagreements on the rent set by the rent officer
The First-tier Tribunal for Scotland is based in Glasgow but hearings are also held in locations across Scotland. For further information on the process and application forms go to Housing and Property Chamber website.
Section 11 notices
If you are a private or registered social landlord, or a creditor (mortgage holder) you are legally required to tell us when you start taking court action that could result in making someone homeless.
Section 11 of the (Scotland) Act 2003 aims to make sure we know in advance when a household is at risk of being evicted or having their home repossessed.
This legislation applies to you if you are raising court proceedings to either:
- lawfully evict a tenant
- repossess a property
What you need to send us
Please download either a landlord or a creditor document.
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