Tenant Information Packs to be introduced in Scotland on 1st May 2013

The Scottish Government has made an Order (The Tenant Information Packs (Assured Tenancies) (Scotland) Order 2013) confirming the introduction of Tenant Information Packs from 1 May 2013.

This pack is in a standardised form as approved by the Scottish Government.

Whilst this may seem an extra burden to landlords and letting agents, the pack provides the tenant with a lot of valuable information, including details of their responsibilities and their rights (although there are still some inaccuracies in the information provided). Many disputes and difficulties can arise as tenants misunderstand their position; the Tenant Information Pack is aimed to be clear and readable.

As a landlord or letting agent, all you need to do is provide the tenants with the pack. A few points to note:-

• The Order confirms the already existing requirement that landlords provide the tenant with a written Lease, an AT5 before the creation of the tenancy (for a Short Assured Tenancy), and a copy of the Gas Safety Certificate. These documents, together with the Tenant Information Pack, are referred to as the “standard tenancy documents”.
• No charge may be made to the tenant for providing the standard tenancy documents.
• The standard tenancy documents must be provided in a written format. They may be provided by email if the tenant advises the landlord that he is happy with this and has supplied an email address for that purpose.
• Where there are joint tenants, the Gas Safety Certificate must be provided to each individual tenant separately, however the other standard tenancy documents may be provided to the tenants jointly.
• The landlord requires an acknowledgement from the joint tenants that they have each received the joint Tenant Information Pack. If a landlord does not receive confirmation prior to the tenancy commencing, they must provide the joint tenant with a separate copy of the Tenant Information Pack.
• Providing the Tenant Information Pack now satisfies the requirement of the landlord to provide the tenant with information regarding the repairing standard. Separate repairing standard letters will be no longer be required when a Tenant Information Pack is provided.
• When providing the Tenant Information Pack to the tenant, landlords and agents must request a signed acknowledgement from the tenant that it has been provided. The Order is silent on what the position is if no acknowledgement is received. If the Pack is provided by email however no signed acknowledgement is required - the email is sufficient.

View more information on the Tenant information pack and the pack in pdf form.

Landlords and letting agents should update procedures in advance of the Packs coming into force on 1st May 2013 to ensure they comply with requirements.

If you have any questions regarding Tenant Information Packs please contact a member of our team. (link to page)

Source:  Lindsays WC