New Model Short Scottish Secure Tenancy Agreement (Anti-social behaviour grounds)

Section One: Purpose And How To Use The Model

1.1 The 2019 Model Short Scottish Secure Tenancy Agreement (antisocial behaviour related grounds) is being replaced by this 2026 Model Short Scottish Secure Tenancy Agreement (antisocial behaviour related grounds).

1.2 This new Model Short Scottish Secure Tenancy Agreement ( antisocial behaviour related grounds) has been prepared by the Scottish Government to reflect changes in the Domestic Abuse (Protection) Scotland Act 2021 and the Housing (Scotland) Act 2025. It will assist social landlords to revise their own tenancy agreements for use from 1 August 2026 onwards when these provisions come into force. The revised Model also takes account of The Investigation and Commencement of Repair (Scotland) Regulations 2026 (Awaab’s Law) which come into force from 6 October 2026

1.3 The new 2026 Model Short Scottish Secure Tenancy Agreement (antisocial behaviour related grounds) follows the same approach as the 2019 Model. There are three categories of clause in the Model which are as follows:

• The first category is the Core clause. This represents a summary of the landlord and tenant’s core rights and obligations set out in the Housing (Scotland) Act 2001, 2010, 2014, and 2025 and Part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 and other relevant housing legislation. These Core rights include, for example, security of tenure. These clauses are mandatory and are indicated in bold.
• The second category is those clauses which replicate, in a contractual way, the common law rights and obligations in respect of repairs, maintenance and use and care of the house. These clauses are also mandatory and are indicated in italics. (Where clauses are bold, and in italics, the source is both the common law and statute).
• The third category of clause is optional. It deals with a variety of minor matters that landlords may or may not wish to include. It also includes optional wording to supplement the statutory and common law position that some landlords may wish to include. These clauses are indicated in ordinary typeface. Clauses in square brackets [ ], indicate clauses with options depending on local arrangements (such as frequency of rent payments).

1.4 A number of clauses derive from other statutory sources not specific to housing law but are not part of the Core rights. These are not highlighted in the text. Reference is made to them in the Legal Notes in the 2002 Model. It is recommended that such clauses be maintained in any short Scottish secure tenancy agreement.

1.5 Landlords are free to add other clauses to their own tenancy agreement or vary them so long as the requirements of the 2001 Act, 2010 Act, 2014 Act, 2021 Act and 2025 Act are met.

Formation of a Short Scottish Secure Tenancy

1.6 Before the creation of a short Scottish secure tenancy, the prospective landlord must serve on the tenant a statutory notice complying with section 34(4) of the 2001 Act and The Short Scottish Secure Tenancies (Notice) Regulations 2018. If that is not done, no short Scottish secure tenancy is created. The tenancy will be a Scottish secure tenancy. Service of the notice can be done in the ways specified in section 40 of the 2001 Act. It may be served on the tenant(s) during the signing up process as long as the service is done before the parties sign the Agreement. However, as good practice, landlords should serve the notice a day or more before the creation of the Agreement wherever feasible.

Disclaimer

1.7 The changes in this agreement do not constitute legal or other professional advice. Anyone using this Model Short Scottish Secure Tenancy Agreement should always seek detailed advice from their own solicitors if they require any clarification on the legal position or advice on how to apply the law and use this Model Short Scottish Secure Tenancy Agreement in relation to their particular situation.