If you are a tenant, the tenancy agreement is automatically transferred to the other tenant if one of you dies. Safe shorthold rentals always start with a fixed term. Hence the “safe” part. The fixed term is clearly described in the lease. Typically, six or twelve months, the fixed term guarantees the lease for both the tenant and the lessor. The end of the lease in its fixed term can only be done in two ways: they may also have signed an agreement stipulating that the property was granted under an occupancy license. That is not enough to make the agreement a license. Your landlord can only charge you your rent if they have given you your name and address – regardless of whether you have a written lease or not. As a general rule, you have a secure Scottish lease when you rent your home to the Council, a housing company or a housing co-op in Scotland. The Council must bring you to justice. If the Council has followed the proper procedure to evict an introductory tenant, it is likely that the court will order you to leave. You should not receive introductory rent if you are holding back from a safe board rent or from a secure housing company. Use the Commission`s complaint procedure if you feel that the Commission is not treating you fairly or is not fulfilling its responsibilities as a lessor.
As a flexible tenant, you have a lease for a fixed period. This is usually for at least 5 years, although in some cases it can be between 2 and 5 years. You must explain their reasons if they decide not to renew your lease and give you the opportunity to challenge the decision. Not all are equal and some rights depend on whether your lease is in the contractual phase (the fixed term has not expired or no notice has been notified) or the legal deadline. You can apply for a common lease at any time if you are married or enter into a registered partnership. You should usually have lived together at least 12 months in the accommodation if you are a couple together or (like brother and sister). An important aspect of the insured lease is that it can be passed on to another person. For example, if a rent family lives on an insured lease and is written under the man`s name, his wife may inherit the lease after his death and reside in the property.
However, in order to be evacuated, the Council must follow the appropriate procedure and provide you with a one-month written notification. The communication must indicate that the Council will expel you and indicate the reasons for it. It must also include a line that allows you to request a review of that decision and defend your case. As a secure tenant, you have the right to reside in your home indefinitely, as long as you comply with the terms of the contract. Otherwise, the Council may initiate proceedings to expel you. This can only be done legally if the appropriate procedure is applied. Safe tenants can apply to their local council for permission to accommodate tenants and rent part of the property to other tenants. The city council can only deny the reason if there is a legitimate reason, such as overcrowding.
If you receive written permission, you have the right to accommodate tenants, but all benefits, such as housing allowance, may be reduced as a result of more people living in the unit. The rights provided by law still stand in the way of the rights stated in a written or oral agreement. An agreement that indicates that you or your landlord has fewer rights than those given under common law or law is a fictitious lease. Some insured tenants may also have the right to purchase (buy) their property from the landlord at a discount. This right to meet other criteria. Some housing companies are not eligible for these rights.