Tenant Information Pack – Scotland

by John Gell

5 years ago

Tenant Information Pack – Scotland

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Tenant Information Pack – Scotland

Since 1st May 2013 landlords in Scotland have had a new statutory obligation to give new tenants a Tenant Information Pack, before the start of the tenancy, setting out key information about

  • the status of the tenancy
  • the tenancy agreement
  • the property
  • the landlord
  • the landlord’s and the tenant’s responsibilities

Responsible landlords and agents will have been providing this information already, but the Scottish Government’s aim is to ensure that all landlords and agents do so, so that all tenants in Scotland receive the same degree of information.

So if you’re a landlord of a property in Scotland and there’s a new tenancy coming up, what do you have to do?

A template Tenant Information Pack can be downloaded here, and a quick look through it will show you the type of information you need to provide.

It’s mandatory to use this template, and you shouldn’t adapt it in any way other, of course, than inserting the relevant information.  Always ensure that you download the latest version of the Pack from the Scottish Government website, as the intention is that it be updated from time to time and you’ll need to make sure you’re using the latest version.  The above links will take you to the most recent version, so bookmark them rather than storing hard copies of the form for future use.

You can give the Pack to your tenants either in hard copy or electronically.  Joint tenants may be given one copy between them or you can give them one each.

As well as providing you new tenants with a Tenant Information Pack you will need to  obtain their acknowledgement that they have received the Pack.  If you send the Pack to your tenants electronically, an e-mail from them stating that they have received it will suffice.

If you use a letting agent to manage your property, you should ensure that your agent is dealing with this properly on your behalf.  If he fails to do so, then the liability will fall on you, so it’s wise to check the contents of your agreement with your agent to ensure that you have recourse to compensation should he fail to discharge your legal obligations.

What happens if you fail to issue a Tenant Information Pack?

Well, you’ll be committing a criminal offence and there’s a fine of up to £500. 

Whether the law will be enforced is another matter, and enforcement of other property legislation such as landlord registration and the recent requirements to include landlord registration numbers and EPC banding in property advertisements has been notably lacking as far as I can see.  But the requirement is well intentioned and the law is the law, so why risk a hefty fine and criminal record?

Tenant Information Pack - Scotland



Comments

Mark Alexander

5 years ago

It's great to have another guest columnist from North of the border John. Thank you for this informative piece and welcome to Property118. Excellent member profile by the way 🙂

That's a very useful summary, great to see well informed SAL members like John contributing.

Calls to the SAL member helpline during May and the start of June were, as we expected, made in high numbers from those asking for more information and assistance with using the new Tenant Information Pack (TIP) in various tenant scenarios. We're always delighted to help.

We also ran a series of seminars round the country going over the TIP in detail, attended by over 350 landlords and agents. The topic is now covered by our sister organisation Landlord Accreditation Scotland training courses which SAL members can attend free of charge as a member benefit.

It is straightforward enough but there's a sheet of guidance in our member resource area of the website. We also offer a MS word version for members - handy if you use letting software which doesn't accept PDFs.

Join SAL and let us keep you up to date with everything happening in Scottish letting.


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