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Tenant Agreement

The Tenancy Agreement is a legally binding document detailing both the Landlord and Tenant responsibilities. Margaret Duffus Leasing has a standard Tenancy Agreement that has been reviewed by a solicitor that is adapted for each individual Lease. 

Our standard Lease for agreements with private individuals is a “Short Assured Tenancy”, a special form of Assured Tenancy which, in the first instance must be for not less than 6 months.  A Short Assured Tenancy gives the landlord special rights to repossess the property and gives the tenant special rights to apply to a Rent Assessment Committee for a rent determination.

In order for a tenancy to be Short Assured, the landlord must serve an AT5 Notice in terms of Section 32 of the Housing (Scotland) Act 1988.  This notice must be served prior to the creation of a tenancy agreement.  If this notice is not served at all or is served after the tenancy or lease agreement has been signed, the tenancy cannot be Short Assured.

Margaret Duffus Leasing will normally sign the Lease documents on behalf of the Landlord.

Where the Tenants is a company, Margaret Duffus Leasing have a standard company Lease, but most of the larger companies have their own preferred style of Lease that they will use.  A company does not have the same legal standing as a private individual so this lease is not subject to the same statute law.

Both Landlords and Tenants are advised to get independent legal advice before agreeing to any Lease.

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