The Tenant Information Packs (Assured Tenancies) (Scotland) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in relation to the duty of persons who are to be landlords under assured tenancies to provide the person who is to be the tenant with prescribed documents.

Article 2 prescribes the documents that must be provided. Failure by the landlord to provide these documents, where they are applicable to the tenancy, is a criminal offence. These include a Tenant Information Pack, which is set out in the Schedule and contains information about the tenancy agreement, property, landlord, tenancy rights and tenancy responsibilities.

Article 3 prescribes how the documents are to be provided. The documents may be provided together or separately and must be provided at no cost to a tenant. The documents must be provided in a written format except as specified, such as where the tenant is content to receive documents electronically. It prescribes how documents are to be provided where there are joint tenants.

Provision of the prescribed documents is a requirement of section 31A of the Housing (Scotland) Act 1988, but provision of copies of two of the prescribed documents is also required by other legislation. Article 4 provides that provision in pursuance of the section 31A requirement also satisfies the obligations in those enactments, and provides that provision of the Tenant Information Pack fulfils the landlord’s duty under separate legislation to provide information about his or her repair and maintenance obligations.

Article 5 sets out the requirements for acknowledgement by the tenant that the Tenancy Information Pack been received.