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 Preparing a Lease


As a matter of general policy, the law provides that a tenant should have some security of tenure. This means that a landlord should not be permitted to terminate a lease without a good reason. In recent years, these rules led to a reduction in the amount of property available to rent because of fears on the part of landlords that they would not be able to recover possession of their property. The balance has been redressed, however, by the introduction of what is called a "Short Assured Tenancy".
If a proper lease is drawn up in accordance with these rules it means that a landlord will ultimately be able to recover possession. Although he may still have to go to court if the Tenant refuses to leave, the court has to make an order for repossession, whereas previously it had a discretion whether to do so or not.
It is essential that a lease be signed before the tenant takes occupation of the property. The property to be leased must be in Scotland. In order for us to prepare a lease, please give us the following information:

1.* Your title, e.g. Mr/Mrs
2.* Your full name, including any middle names
3. If applicable, your maiden surname
4. If applicable, your first and any subsequent married names
5.* Your date of birth
6.* Your full postal address, including postcode
7. Evening telephone number
8.* Day time telephone number
9.* Your e-mail address
If you are a joint owner of the property to be leased and you are giving instructions to us on behalf of that other pers on as well, state here the full name and address of that other person.
10. Please give the name in full
11. Full postal address, including postcode
The name and present address of the proposed tenant or tenants
12. Please give the name/s in full
13. Full postal address, including postcode
14. Full postal address of the property you are leasing to them
15. Is the property furnished or unfurnished? No
16. Date the lease is due to start
When is the lease due to finish? Please note that this must be at least 6 months after the start date of the lease. If no notice of termination is given, it will continue after this date until two months notice in writing is given.
17. Date lease is due to end
18. How much rent is to be paid each month?
We will state that this is to be paid, monthly, in advance
19.

How much of a deposit is to be paid by the tenant?
We recommend that you always insist on a deposit and that it is at least equivalent to one month's rent.

20. We shall assume that the Tenant is to pay the Council Tax. If this is not the case, type in "Landlord" here.
21. We shall assume that the Tenance will pay the gas, alectricity and telephone charges. If this is not the case, tell us here what the arrangement is to be.
22. Do you wish to have an Inventory of Contents attached to the lease?
23. We shall assume that no pets are to be permitted. If this is not the case, state here what pet or pets are to be allowed.
24. Have you noted the following advice?
a) You must give two months written notice to terminate a short-assured tenancy. The notice must be in a specific legal form. Even then, if the Tenant does not leave, you will have to apply to the Court to obtain an order for repossession of the property.
b) It is a criminal offence to harrass a Tenant with a view to getting him to leave without going through the correct legal procedure.
c) Before giving the Tenant the keys, you should make sure that the lease has been signed and received by us and that the first months rent and deposit have been paid to you and any cheque cleared.
d) If the property is furnished, the furnishings must comply with certain fire safety standards specified in the Furniture and Furnishings (Fire Safety) Regulations 1988 as amended and the Electrical Equipment Safety Regulations 1994.
e)Gas Central Heating systems or gas cookers and fires require an Annual Safety Inspection.

25. If you have any other information which you feel is relevant or any query, please use this space.

* Denotes required fields

FINAL PROCEDURE

  1. Send us the Inventory of Contents if you have requested one be attached to the lease.
  2. We shall then sign the lease on your behalf and send it to the Tenant to sign. We shall ask the Tenant to return the lease to us for stamping. Once it has been stamped we shall retain the principal for safekeeping and send you a copy for your reference.
  3. The Tenant will be asked to make payment to you direct. Once you have received payment, check with us that we have the signed lease before giving the Tenant the key.
  4. You will be invoiced for our fee of �110 (inclusive of VAT).