A ‘tenant’ is an occupier of residential premises who takes up occupancy by agreement with the owner or another interested party, usually known as the ‘landlord’.
This agreement is a special form of contract known as a ‘tenancy’. A tenancy agreement may be recorded in writing, but it does not always need to be. The written form of tenancy is known as a ‘lease’.
The premises are known as ‘subjects of let’.
Sometimes the agreement can be terminated yet the tenant may remain in occupancy of the premises under a ‘statutory tenancy’, which exists until the other party obtains a court order for eviction / repossession (otherwise known as a ‘decree’).
There are a number of different types of tenancy in Scotland.
This section looks at the main types of tenancy, the procedures used to evict/repossess tenants, and the remedies that are available.
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