Do Renters in Scotland Have to Sign a New Tenancy Agreement?

If you rent in Scotland, you might be faced with a landlord asking you to sign a new tenancy agreement. Understanding your rights under Scottish law is important—especially if you’re worried that refusing might risk your home. This article explains what the law says about being forced to sign a new tenancy in Scotland, outlines your options, and directs you to official guidance and support.

Understanding Tenancy Agreements in Scotland

Most renters in Scotland now have a Private Residential Tenancy (PRT). Introduced on 1 December 2017 by the Private Housing (Tenancies) (Scotland) Act 2016, PRTs offer greater security and flexibility for tenants and make it harder for landlords to evict without a legal reason.^[1]

Can My Landlord Force Me to Sign a New Tenancy?

Generally, you cannot be forced to sign a new tenancy agreement if you already have a valid Private Residential Tenancy. Landlords might sometimes ask you to sign:

• A new agreement with different terms (for example, higher rent or new rules)
• A new agreement after a change of landlord or property ownership
• A new fixed-term agreement (not allowed for PRTs)

If you already have a PRT, legally, your tenancy continues until either you give proper notice to leave or your landlord ends it using one of the permitted reasons (known as ‘grounds for eviction’). You do not have to sign a new tenancy just because your landlord asks.^[2]

When Might a New Tenancy Be Reasonable?

There are some situations where a new tenancy agreement makes sense:

• Change of tenant: If the names on the tenancy change (for example, a new flatmate moves in), a new agreement may be required.
• Major change in property or landlord: After substantial property changes or sale, you might be offered a new agreement, but you can't be forced to sign unless you agree to end the existing one first.

However, even in these cases, you have the right to seek independent advice before signing anything new. If you feel pressured, do not sign straight away.

If You’re Being Pressured to Sign

If your landlord is insisting you sign a new agreement or threatening eviction, you have several options:

• Ask for written reasons: Request from your landlord why a new agreement is needed.
• Seek advice: Contact Renting Scotland or Citizens Advice Scotland for support.
• Check for illegal eviction: Your landlord must follow the legal eviction process via the First-tier Tribunal for Scotland (Housing and Property Chamber), not simply by asking you to sign a new agreement or move out.^[3]

Relevant Forms and How They’re Used

• Model Private Residential Tenancy Agreement
  Model PRT agreement form – Used when starting a new Private Residential Tenancy. If your landlord wants you to sign this, ask why a new tenancy is being created.
• Notice to Leave – Notice to Leave form – Used if your landlord wants to end your PRT. The notice must state the reason and give the correct notice period.
• Notice of Rent Increase – Rent Increase Notice – Used for raising rent; does not require you to sign a new tenancy.

Practical example: If you’re served with a Notice to Leave, check if the reason given is valid under the Private Housing (Tenancies) (Scotland) Act 2016. If you’re unsure, get help from a recognised housing organisation.

Action Steps for Concerned Tenants

• Do not sign a new agreement if you feel uncomfortable or unsure—ask for time to review it.
• Get written clarification (email or letter) about why your landlord wants a new agreement.
• Contact local advice services or legal support before signing anything or if the landlord threatens eviction.
• If your landlord tries to evict you without going through the First-tier Tribunal for Scotland, report it to your local council’s housing team or seek immediate legal support.

Remember, you have strong legal protections under Scottish law as a renter.

Frequently Asked Questions

1. Can my landlord change my tenancy to a fixed term?
   No. Under Scottish law, Private Residential Tenancies are open-ended and cannot be made into fixed-term tenancies. Fixed terms do not apply to PRTs.^[1]
2. Do I have to sign a new agreement for a rent increase?
   No. Rent increases must follow official notice rules and forms, but you do not have to sign a new tenancy. Disputes over rent should be taken to a rent officer.^[2]
3. What happens if I refuse to sign a new tenancy?
   Your existing tenancy continues as normal. Your landlord cannot simply evict you—proper notice and legal grounds are required.
4. Who decides tenancy disputes in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) resolves legal tenancy disputes between renters and landlords.
5. What official forms should I look out for?
   The Model PRT agreement, Notice to Leave, and official Rent Increase Notice are all relevant for Scottish renters.

Conclusion: Key Takeaways for Scottish Renters

• You cannot be forced to sign a new tenancy agreement if you already have a Private Residential Tenancy.
• Your landlord must follow legal eviction processes and cannot remove you for refusing to sign.
• Seek independent advice before signing any new agreement and remember your legal protections.

Stay informed and use official support channels if you feel pressured as a tenant in Scotland.

Need Help? Resources for Renters in Scotland

• Scottish Government - Your rights as a tenant
• Citizens Advice Scotland – Renting a home
• Shelter Scotland – Housing advice
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Scottish Government – Model Tenancy Agreement

1. Private Housing (Tenancies) (Scotland) Act 2016
2. Scottish Government: Tenants' Rights
3. First-tier Tribunal for Scotland (Housing and Property Chamber)