Q. I`m a do-it-yourself owner. Is it really necessary to obtain a standard lease from a third party if all parties sign at the same time – especially for a renewal? If the agent is itself a business, it should be signed according to the formalities described above. If this becomes problematic, the tenant could be sent directly by the real estate agent to the owner`s signature. The lease you have depends on the facts of your situation, not what your agreement says. For example, if you pay rent to a private landlord who does not live with you and you have accepted a rent of 6 months, you will probably have short-term rent (or a guaranteed short rent in Scotland). This will also be the case if your agreement says otherwise. Check the type of lease you have. Although an oral rent is created under s54 (2) (in most cases) regardless of this, most landlords will want the terms of their lease to apply. Therefore, the lease should say, using a simple example of a lease of more than 3 years, that it is considered an important act and that it is also signed as an act.

In addition, the signatures of the parties must be testified. In Scotland, in most cases, your landlord must submit a written rental agreement. In particular, your landlord must submit a written rental agreement if you are a tenant of a public dwelling or if you are an insured or short-insured tenant of a private landlord. A rental agreement exists even if there is only an oral agreement between you and your landlord. For example, at the beginning of the lease, you and your landlord agreed on the amount of rent and when it would be payable, whether it contains fuel, or if your landlord can decide who else may reside in the unit. If the lease is more than three years or perhaps does not come into effect, or, it is not at a market rent, the lease must be written. Your agreement might say that you have a certain type of lease – but the type of rent you actually have might be different. You may also have signed an agreement that the property was granted under an occupancy licence. That is not enough to make the agreement a license. If you feel that your rental agreement may contain abusive conditions, you can go to your nearest citizen council. Prior to 1990, the law required that a third party (witness) be present when signing a lease.

At the end of that period, it was no longer legally required to do so, unless the guaranteed short-term lease lasts more than three years. This is because it is considered an act if the duration is equal to or greater than 3 years. Until 1990, it was not legally necessary for a witness to sign or “certify” a signature in a lease or lease agreement.