Confusingly, tenancy agreements work differently in Scotland than in England and Wales. We’ve partnered with LHS Solicitors’ elXtr, a digital legal solution created with landlords in mind, to bring you a free short assured tenancy agreement template - something every landlord should have.
Why use an elXtr template?
elXtr is a digital legal platform that was designed specifically with landlords and small businesses in mind. It takes the particular legal hoops you need to jump through into account and provides solutions that meet your needs. We’ve partnered with them to bring you quality, relevant legal documentation.
- House share agreement template
- Lease assignment agreement template
- Deed of assignment of tenancy template
- See all our elXtr legal documents
What is a short assured tenancy agreement?
A tenancy agreement is a contract between a landlord and their tenants which sets out the legal terms and conditions of the tenancy.
In Scotland, the most common type of tenancy agreements are short assured tenancy agreements. They’re very similar to assured shorthold tenancy agreements, which are used in England and Wales, but with a few key differences.
There are a number of different types of tenancy in Scotland, including:
- Assured tenancies
- Short assured tenancies
- Common law tenancies (for lodgers)
- Regulated tenancies
- Agricultural tenancies
- Crofting tenancies
While most new agreements you enter into with a tenant are likely to be short assured tenancies, if you’re unsure you can check the government’s website for clarification on the different types of tenancy.
Why do I need a short assured tenancy agreement?
In Scotland, it is the landlord’s legal obligation to provide a written tenancy agreement under the Housing (Scotland) Act 1988.
There are a number of benefits that come with having a written tenancy agreement, as it allows you to make certain stipulations, such as how and when you will review rent, or the circumstances under which you may withhold all or part of your tenant’s deposit.
If you don’t have a short assured tenancy agreement that you currently use for your properties, you can download the template provided by elXtr.
What to include in a short assured tenancy agreement
What you include in a short assured tenancy agreement can be down to personal preference, as well as the particular property you own and type of tenants you let to. Our template covers:
- The names of everyone involved in the agreement
- How much the rent will be
- How often the rent will be paid
- How much the deposit will be
- Reasons you may withhold all or part of the deposit
- The address of the property
- The start date and length of the tenancy
- The tenants’ responsibilities, such as paying council tax and maintaining the property
- Your obligations, such as repairs to the property
However, there are other covenants and obligations you may want to include, such as:
- How and when you will review the rent
- Whether the property can be sublet
- Whether the tenancy can be ended early and how this can be done
If you want to add to or remove parts of the tenancy agreement, you should do this in conjunction with legal counsel.
Ensuring your short assured tenancy agreement complies with the law
If you are considering making amendments to the assured shorthold tenancy agreement, you need to make sure that those changes comply with the law.
If you have any concerns about what you can or can’t include in your assured shorthold tenancy agreement then consult legal counsel.
But before you worry too much about what you do or do not want to include, take a look at our short assured tenancy agreement example provided by elXtr, which you can download for free.
Short assured tenancy agreement - free Word document for download
If you would like to make changes and don’t have Adobe Acrobat, you can also download our short assured tenancy agreement sample in Word format.
This document has been produced by LHS so we can’t take responsibility for its contents. We’d recommend you take professional advice before making any important decisions based on its contents.