Hi, Three students renting jointly via the open ended Private Residential Tenancy which has been the normal form of tenancy agreement in Scotland since 2017. Two are leaving and the third wants to bring in two others. There is both a rent freeze for existing tenancies and a freeze on evictions in Scotland. Rents can be increased for new tenancies.
If the tenant’s wishes are agreed, I will need to issue a new tenancy ageement. But does this constitute a new joint tenancy and can I therefore charge a new increased rent? Do I have to agree to create a new tenancy agreement at all? Do I need legal advice about what seem to be a murky area around joint tenancies, particularly in the context of the ban on evictions and rent increases. Advice is urgently needed from people who understand the difficulties of the current Scottish situation. Thanks
I’m afraid I’m not familiar enough with Scottish tenancy law to give you a proper answer, however, with a joint tenancy in England, the tenants are indivisible. One would not be able to give a valid notice without ending the tenancy for everyone. If its the same there, then it would be in your interest to just wait until they give you a valid notice and take it from there. It would then have to be a new tenancy.