Starter Tenancy Agreements for Renters in Scotland

If you're moving into a new home owned by a housing association or council in Scotland, you may be offered a starter tenancy. Understanding this type of agreement can help you prepare for your rights and responsibilities, and what happens if your landlord decides not to continue your tenancy after the initial period.

What Is a Starter Tenancy?

A starter tenancy is a trial tenancy, usually given by a housing association or local council before a full Scottish Secure Tenancy (SST) is granted. It's sometimes called a 'short Scottish secure tenancy' or just an 'introductory tenancy'.

Starter tenancies typically last for 12 months. During this time, the landlord can take action more easily if there are problems like non-payment of rent or anti-social behaviour. If you follow the terms of your agreement, your tenancy will likely convert to a full Scottish Secure Tenancy at the end of this introductory period.

Key Features of Starter Tenancies

• Probationary period: Usually lasts for 12 months.
• Review at the end of the period: If all goes well, your tenancy becomes a Scottish Secure Tenancy automatically, offering much stronger protections.
• Eviction is easier: Landlords can end a starter tenancy more simply than a full SST, but must still follow correct legal process.
• Fewer rights: Some rights (like exchanging your home or taking in a lodger) may not apply during the starter period.

Who Uses Starter Tenancies?

Starter tenancies are used by some housing associations and councils when letting accommodation to new tenants. They cannot be used in the private rented sector.

Legal Basis and Legislation

Starter tenancies in Scotland are officially known as "short Scottish secure tenancies". The main legislation is the Housing (Scotland) Act 2001 (see Sections 34 and 37). The law was updated by the Housing (Scotland) Act 2014.

If your landlord proposes to give you a starter tenancy, they must follow strict rules about how and when they offer it, including giving you a written tenancy agreement and explaining your rights.

Ending a Starter Tenancy: How the Process Works

Landlords can end a short Scottish secure tenancy if there are serious issues such as rent arrears or antisocial behaviour, but they must follow specific rules, including serving written notice and applying to the appropriate housing tribunal.

• Notice of Proceedings (Form AT6): The landlord must serve you with a Notice of Proceedings Form AT6 before applying to evict you. See official AT6 form and guidance.
• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber): If you remain after the notice period, your landlord can apply to the tribunal to seek eviction. Visit the Housing and Property Chamber for process details.

It's important to note that you have the right to challenge an eviction attempt before the tribunal. Free advice and representation may be available from local advocacy services.

Your Rights and What to Expect

• Written agreement: You have the right to a clear, written tenancy agreement.
• Notice rights: If your landlord wants to end your tenancy, they must follow correct notice periods and legal forms.
• Right to challenge: You can attend the tribunal and present your case if an eviction is sought.

After the probationary period, if you have kept to the agreement, your tenancy should automatically become a full Scottish Secure Tenancy, giving you more stability and rights.

Other Relevant Forms and Action Steps

• Notice of Proceedings (AT6): Used by landlords to begin ending a starter tenancy. Served on the tenant, detailing reasons for possession. Download AT6 and guidance.
• Application to the Housing and Property Chamber: If you wish to contest eviction, you can participate in tribunal proceedings. Read about submitting and defending cases.

Always keep copies of any forms or letters you receive and seek early advice if you’re unsure.

FAQs: Starter Tenancies in Scotland

1. What happens if I break the rules of a starter tenancy?
   If you breach the terms—for example, by not paying rent or causing a nuisance—your landlord can serve a Notice of Proceedings (Form AT6) and, if necessary, apply to the tribunal for eviction. You have rights to defend yourself before the tribunal, and early advice is recommended.
2. Can my landlord extend the starter tenancy period?
   Yes, in some circumstances—for example, if there are ongoing issues—your landlord can extend the probationary period by up to six months by following the procedures set out in the Housing (Scotland) Act 2001.
3. Does a starter tenancy give me the same rights as a full Scottish Secure Tenancy?
   No. During the starter period, you typically have fewer rights (such as less protection against eviction). If you complete the probation successfully, you'll get more robust rights as a full tenant.
4. Who decides eviction cases about starter tenancies?
   Eviction cases are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber).
5. Can I have guests or a lodger during my starter tenancy?
   Usually, you need your landlord’s permission and some restrictions may apply. Always check your tenancy agreement or ask your housing association or council directly.

Conclusion

• Starter tenancies in Scotland are designed as a probationary period for new social housing tenants.
• Your rights are slightly limited compared to a full Scottish Secure Tenancy, especially regarding eviction.
• If successful, your agreement usually becomes a secure tenancy after 12 months, offering greater stability and protection.

If you're unsure about any aspect of starter tenancies, seek advice early—official resources and advocacy groups are there to help.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles tenancy disputes
• Scottish Government – Renting and your rights
• Citizens Advice Scotland – Renting a home S
• Download: Notice of Proceedings (AT6 form)

1. Housing (Scotland) Act 2001: Official legislation: Secure and short Scottish secure tenancies
2. First-tier Tribunal for Scotland (Housing and Property Chamber): Official tribunal for tenancy disputes
3. Notice of Proceedings (Form AT6) and guidance: Scottish Government guidance and form
4. Further procedural information: MyGov.Scot – Ending a Short Scottish Secure Tenancy