Holiday Let vs Tenancy: Key Differences for Scottish Renters

If you’re renting in Scotland, it’s important to know the difference between a holiday let and a tenancy. The legal rights and protections for renters vary greatly depending on which type of agreement you have. This guide explains how to tell them apart and what it means for you.

Understanding Holiday Lets and Tenancies in Scotland

While both holiday lets and tenancies involve renting a property, the terms, rights, and responsibilities are different. Ensuring you know which applies to your situation can help you avoid misunderstandings and protect your rights.

What Is a Holiday Let?

A holiday let is a short-term agreement where you rent a property solely for holiday or leisure purposes, usually for a week or two. Holiday lets are specifically excluded from most tenant protection laws in Scotland.

• No security of tenure – You can be asked to leave at the end of the agreed period without a court order.
• Usually comes fully furnished and includes bills.
• Typically advertised as “holiday accommodation” or “short-term holiday rental”.
• Find more on short-term lets rules (Scottish Government)

Holiday lets don’t offer the same protections as residential tenancies, so if you live in a property full-time, your agreement is unlikely to be a genuine holiday let.

What Is a Tenancy?

A tenancy is a longer-term agreement where you rent a property as your only or main home. The most common type in Scotland is the Private Residential Tenancy (PRT), which came into force under the Private Housing (Tenancies) (Scotland) Act 2016¹.

• Offers much stronger renter rights and protections.
• Landlords must follow specific rules for ending the tenancy or raising rent.
• Applies if you use the property as your main or only home (not just for holidays).
• You can challenge unfair eviction or rent increases at the First-tier Tribunal for Scotland (Housing and Property Chamber).

How to Tell If You Have a Holiday Let or a Tenancy Agreement

It’s not just the name on your rental contract that matters. The reality of your living situation is the key factor. If you live in the property as your only or main home, you probably have a tenancy agreement, even if it’s called a "holiday let".

• If you have exclusive possession, pay rent regularly, and stay there long-term—it’s usually a tenancy.
• Staying for a few days or weeks for a holiday, with cleaning and services provided—this is a holiday let.
• Staying for work or study, not just leisure? You likely have more rights as a tenant.

Relevant Official Forms and How to Use Them

• Tenancy Agreement Template (Private Residential Tenancy Model) – Download the model agreement
  When to use it: If you’re starting a new tenancy and your landlord does not provide a written agreement, you can request this official template. Having a clear written tenancy protects both parties.
• Notice to Leave (Form) – Model Notice to Leave
  When to use it: If your landlord wants you to leave and you have a Private Residential Tenancy, they must give you this form with a valid reason. If you receive a Notice to Leave, you can apply to the First-tier Tribunal if you believe it is not valid.
• Tenant’s Notice to Leave: How to notify your landlord
  When to use it: If you want to end your Private Residential Tenancy, you should give written notice—there’s no official form, but guidance is provided by the Scottish Government.

If a Dispute Arises: The Role of the Tribunal

If you and your landlord disagree about the nature of your agreement, or if you face eviction or a rent increase, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). They handle all disputes related to residential tenancies and can decide if your arrangement is truly a tenancy.

If you think your landlord is wrongly treating your home as a holiday let to avoid renter protections, seek advice and consider applying to the Tribunal for a ruling.

FAQ: Scottish Renters and Holiday Lets

1. Can a landlord call my main home a 'holiday let' to avoid tenancy laws?
   No. If you use the property as your only or main home, you are typically entitled to a tenancy and its legal protections, regardless of what your contract says.
2. What legal protections do I lose with a holiday let?
   With a genuine holiday let, you don’t have rights such as notice periods for eviction or protection from sudden rent increases. Tenancies, on the other hand, offer far stronger rights.
3. Can I challenge a landlord’s claim that my agreement is a holiday let?
   Yes. You can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) and ask them to decide.
4. Is there a standard notice period for ending a holiday let?
   No. Holiday lets don’t have the legal notice periods that apply to tenancies. The agreement usually ends on the specified date.
5. What official tenancy legislation applies in Scotland?
   The main law is the Private Housing (Tenancies) (Scotland) Act 2016¹.

Conclusion: Key Takeaways

• The reality of your living situation—not just the contract label—determines your rights.
• Tenancies offer more robust protections for renters than holiday lets.
• If in doubt or in dispute, seek advice or apply to the Tribunal for clarification.

Understanding whether you have a holiday let or a tenancy is critical for protecting your housing rights.

Need Help? Resources for Renters

• Scottish Government: Private Renting Advice
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland: Free Advice for Renters
• Citizens Advice Scotland: Housing Support

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1. Private Housing (Tenancies) (Scotland) Act 2016

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