2. Short assured and assured tenancies

Most residential lettings in Scotland made after 2 January 1989 are short assured tenancies. Those that aren’t short assured are normally assured tenancies.

Short assured tenancies

This is the most common type of tenancy. A short assured tenancy makes it easier to get your property back than an assured tenancy.

Before any agreement is signed, you must use form AT5 to tell new tenants that the tenancy will be a short assured tenancy.

If you don’t, the tenancy will automatically be an assured tenancy.

Initially, a short assured tenancy must be for 6 months or more. After the first 6 months, the tenancy can be renewed for a shorter period.

Assured tenancies

At the beginning of an assured tenancy, it will be classed as a ‘contractual assured tenancy’ for a fixed period of time.

The tenancy automatically becomes a ‘statutory assured tenancy’ if:

  • you end the tenancy by issuing a notice to quit (eg because you want to change the agreement) and your tenant stays in the property
  • the fixed period covered by the tenancy comes to an end and your tenant stays in the property

There are different rights and responsibilities on both landlord and tenant depending on the type of assured tenancy.