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Title: Redefining the Scots law of leases in light of the Private Housing (Tenancies) (Scotland) Act 2016
Author: Skilling, Mitchell
ISNI:       0000 0004 7972 5433
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 2019
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Until December 2017, the type of tenancy type most used by landlords in the Scottish private rented sector was the short assured tenancy. Research conducted on behalf of the Scottish Government following the publication of its latest strategy for the private rented sector, titled A Place to Stay, a Place to Call Home, indicated that the short assured tenancy was incapable of meeting the needs of all private sector tenants. This led to the creation of the Private Housing (Tenancies) (Scotland) Act 2016, which introduced a new tenancy called the private residential tenancy. It was designed to improve security for tenants while still maintaining the rights of landlords in respect of property ownership. The PRT differs significantly from previous regimes in that it liberalises the definition of tenancy in respect of dates and rent requirements, as well as giving statutory security of tenure from day 1 of the tenancy just as in the social rented sector. At the same time that the 2016 Act came into force, jurisdiction over civil cases arising from the Scottish private rented sector was transferred to the First-tier Tribunal for Scotland Housing and Property Chamber. Combined, these factors represent a significant change in the way that the Scottish private rented sector functions. The true impact of these changes will become apparent as more short assured tenancies come to an end, and careful attention must be paid to the FTT over the coming years. The liberalisation of the term 'tenancy' leads to questions about where the PRT fits into the Scottish leasing landscape, and if it kills off the common law lease in the private sector. The contract still resembles a historic common law lease, which could be created in perpetuity. As such, the common law lease as historically understood will still survive.
Supervisor: Bain, Douglas ; Paisley, Roderick R. M. Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Rental housing