A short assured tenancy is a type of

tenancy A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

that was introduced by the Housing (Scotland) Act 1988.Legislation.gov.uk
Part II A short assured tenancy gives

landlord A landlord is the owner of property such as a house, apartment, condominium, land, or real estate that is rented or leased to an individual or business, known as a tenant (also called a ''lessee'' or ''renter''). The term landlord appli ...

s some protection and freedom of action when letting their properties. Short assured tenancies have become the norm within the residential letting industry in Scotland. The equivalent legislation in

England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...

assured shorthold tenancy The assured shorthold tenancy (AST) is the default legal category of residential tenancy in England and Wales. It is a form of assured tenancy with limited security of tenure, which was introduced by the Housing Act 1988 and saw an important d ...

. Following the enactment of the Private Housing (Tenancies) (Scotland) Act 2016, it is no longer possible to create a short assured tenancy, instead a private residential tenancy must be entered into; with greater protections for the tenant such as security of tenure.

Minimum criteria

For a tenancy to be considered a short assured tenancy, the premises must be a separate dwelling and the tenant must occupy it as their main home. A prescribed notice (form AT5) has to be served prior to the start of the tenancy, confirming that the tenancy will be a 'short assured tenancy' and not an ' assured tenancy'. The duration of the tenancy must be at least six months and it must not be included in one of the following categories: * Company lets * Holiday lets * Lettings where the landlord resides at the premises * Very low rent tenancies (less than £6 per week) * Agricultural tenancies * Tenancies covered by the Rent (Scotland) Act 1984.

Main characteristics of a short assured tenancy

For a short assured tenancy a formal

notice Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice (or legal notice), actual notice, constructive notice. ...

(AT5) must be served prior to the start of the tenancy and the tenant is only given limited security of tenure. The landlord can seek possession of the premises on a number of grounds established in the Housing (Scotland) Act 1988, and once the agreement reached its end (the 'ish' date). The minimum length of the initial SaT tenancy is six months. If the initial term is less than six months or an AT5 is not served prior to the tenancy then regardless of the paperwork it will actually be an Assured Tenancy..

References

{{Tenancies in the United Kingdom Scots property law Law of the United Kingdom Real estate in the United Kingdom Real property law Tenancies in the United Kingdom