Do Tenancy Agreements in Scotland Auto-Renew?

If you’re renting a property in Scotland, you might wonder what happens when your tenancy agreement comes to an end—does it automatically renew, or do you need to sign something new? Understanding how Scottish tenancy renewals work can help you avoid misunderstandings about your rights, rent payments, and notice periods.

Tenancy Agreement Types in Scotland

Most renters in Scotland today have one of the following types of tenancies:

• Private Residential Tenancy (PRT): The most common for private rentals since December 2017.
• Short Assured Tenancy (SAT): Older tenancies started before December 2017.
• Assured Tenancy: Also rare, mainly for tenancies begun before 2 January 1989.

The rules for automatic renewal depend on the type of agreement you have.

Automatic Renewal: What Really Happens?

Private Residential Tenancy (PRT)

Private Residential Tenancies, under the Private Housing (Tenancies) (Scotland) Act 2016, are open-ended. This means:

• There is no end date—the tenancy continues until either you or your landlord end it by giving notice in the correct way.
• There is no need to sign a new agreement or renew at any point.

You can read more about Private Residential Tenancies on the Scottish Government’s guide for tenants.

Short Assured and Assured Tenancies

For Short Assured and Assured Tenancies (set up before 1 December 2017):

• Fixed-term agreements often had an end date (e.g., 6 or 12 months).
• When the fixed period ends, most tenancies automatically become periodic tenancies (rolling on a month-to-month or week-to-week basis), unless you and your landlord agree to a new fixed term.

The legal process is called “statutory continuation” under the Housing (Scotland) Act 1988, meaning your rights and obligations continue, but the agreement becomes rolling rather than fixed term.

What Should Renters Do at the End of a Fixed Term?

If you are on a Short Assured or Assured Tenancy and your fixed term is ending, here are your key steps:

• Check your agreement for any specific renewal language.
• If no notice is given by you or your landlord, your tenancy usually continues as a rolling contract.
• Keep paying your rent as usual.
• If you want to leave, you’ll need to give the correct notice (check your agreement or the statutory minimum).
• If your landlord wants you to leave, they must serve you with the proper notice.

For most renters today on a PRT, your agreement just continues—there is no fixed end date and therefore no automatic renewal needed.

Relevant Notice Forms and How to Use Them

The process for ending tenancies in Scotland involves specific forms. Here are the main ones:

• Notice to Leave (by landlord): Used when a landlord wants to end a PRT. The landlord must give you this notice in writing, using the official Notice to Leave form. For example, if your landlord wants the property back, they must deliver this form with the correct notice period (usually 28 or 84 days, depending on circumstances).
• Notice of Termination (by tenant): If you want to leave a PRT, you must give your landlord written notice. While there is no official form, you can use the Scottish Government’s model notice wording. For a PRT, the minimum notice you must give is 28 days, unless your agreement allows for a shorter period. Always send your notice in writing and keep a copy.
• AT6 Notice (Short Assured/Assured Tenancies): For any eviction proceedings under the older tenancies, landlords must serve the Form AT6 – Notification to Tenant, stating reasons and notice periods.

What Happens If Your Agreement Isn't Renewed?

If you don’t sign a new agreement and no one gives notice to end the tenancy, here’s what happens:

• For PRTs, nothing changes—the tenancy continues as before.
• For Short Assured or Assured Tenancies, your tenancy usually becomes periodic. The same rights and responsibilities typically remain.

If your landlord requests a new tenancy or proposes rent changes, you have the right to negotiate or seek advice before agreeing.

Who Handles Tenancy Disputes or Questions?

The First-tier Tribunal for Scotland (Housing and Property Chamber) resolves disputes about tenancies, including if there’s disagreement over renewals, rent increases, or eviction notices.

FAQ: Tenancy Renewal and Continuation in Scotland

1. Will my Scottish tenancy agreement renew automatically?
   It depends on your tenancy type. Private Residential Tenancies continue automatically with no end date or renewal needed. Older Short Assured or Assured Tenancies often become rolling (periodic) at the end of the fixed term unless a new agreement is signed.
2. Do I need to sign a new contract every year?
   No, not usually. For PRTs, your contract continues until you or your landlord end it. For older tenancies, it automatically becomes a periodic tenancy unless you both agree to a new fixed term.
3. What if my landlord asks me to sign a new agreement?
   You're not usually required unless both parties agree to new terms. If you feel pressured, seek advice from a tenant support service or the Housing and Property Chamber.
4. How do I end my tenancy if it keeps rolling on?
   Give your landlord written notice. For PRTs, the standard is at least 28 days. Always check your tenancy agreement for any specific requirements.
5. Where can I go for help if my landlord is ending my tenancy unfairly?
   Contact the First-tier Tribunal for Scotland (Housing and Property Chamber), which handles disputes about tenancies and evictions.

Key Takeaways

• Private Residential Tenancy agreements in Scotland do not auto-renew because they are open-ended—they just continue until ended properly.
• Older tenancies usually become rolling periodic tenancies at the end of a fixed term.
• Always check your tenancy type before deciding what steps to take at the end of a fixed term or if your landlord suggests renewal.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Tribunal for tenancy disputes
• Scottish Government Tenant Guide: Comprehensive resource for tenants
• Citizens Advice Scotland – Housing Advice: Free, impartial tenant support
• Shelter Scotland: Advice and legal guidance for renters

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Notice to Leave form (PRT)
5. Form AT6 – Notification to Tenant

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