Long-Term and Short-Term Tenant Rights in Scotland Explained

Understanding your rights as a tenant in Scotland can be daunting, especially with different rules for long-term and short-term tenancies. Whether facing a rent increase, considering your eviction protections, or worrying about repairs, it’s essential to know how your tenancy type affects your legal rights. This guide breaks down the main differences between long-term and short-term tenancies, making complex legislation clear so you can confidently protect your home.

What’s the Difference? Types of Tenancy Agreements in Scotland

In Scotland, most renters will either have a Private Residential Tenancy (PRT) for long-term renting or a Short-Assured Tenancy/SAT (for agreements before December 2017) or a Short-Term Let (for holiday-style/temporary stays). The two main categories are:

• Long-Term Tenancies: Private Residential Tenancy (PRT), previously also Assured/Short Assured Tenancies (SATs, mostly historic now)
• Short-Term Lettings: Occasional/holiday/temporary rentals, usually for days or weeks rather than months or years

Each offers different legal protections, especially regarding eviction, rent increases, and deposit handling.

Key Rights of Long-Term Tenants (Private Residential Tenancy)

The majority of current Scottish tenants have a Private Residential Tenancy under the Private Housing (Tenancies) (Scotland) Act 2016. This gives you strong protections:

• Security of tenure: Your landlord can only evict you for one of 18 legal grounds and must use proper legal process
• Notice periods: Landlords must give at least 28 days' or, in many cases, 84 days’ written notice before eviction, depending on the reason and your tenancy length
• Rent controls: Rent can only be increased once per year and must follow the proper notice procedure
• Repairs and maintenance: Landlords are legally responsible for most major repairs and ensuring the property meets the 'Repairing Standard'

Important Forms for Long-Term Tenants

• Notice to Leave (PRT): Notice to Leave guidance
  Landlords use this form to formally give notice for eviction. For example, if your landlord wishes to regain the property to live in themselves, they must issue this notice, stating the ground, with the appropriate notice period.
• Rent Increase Notice (Form RPZ1): Rent Increase guidance
  Landlords must give this written notice to increase your rent. If you disagree, you can challenge the proposed increase (see below for how-to).
• Tenant Referral to Tribunal - Rent Increase (PRT): Application to Rent Officer (Scottish Tribunal)
  If you think a rent increase is unfair, you can apply to the tribunal using this process.

Short-Term Lets – What Rights Do Short-Stay Tenants Have?

Short-term lets in Scotland (such as holiday homes and Airbnb-style accommodation) are generally not covered by the same tenancy laws as long-term renters. These agreements typically last days or weeks and have reduced renter protections.

• No security of tenure: You usually have no right to stay if the agreement ends, unless otherwise agreed
• Limited notice requirements: Notice periods are typically set by the contract, not the law
• Deposit and repairs: While good practice applies, there’s less statutory protection for deposits and repairs compared to long-term tenancies

However, since 2022, new licensing laws for short-term lets require all such rentals to be licensed and meet basic safety standards.

Not Sure What Type of Tenancy You Have?

If you're uncertain, review your tenancy agreement or use the Scottish Government’s guidance to check your tenancy type. The protections that apply can be significantly different.

Eviction: Comparing Protections for Each Tenancy Type

Long-term tenants (PRTs) have far more eviction protections than short-term let renters:

• Long-term tenant (PRT): Landlord must state an approved eviction ground, provide proper notice, and follow a set procedure including referral to the First-tier Tribunal for Scotland (Housing and Property Chamber)
• Short-term let guest: Eviction rules depend almost entirely on your contract; little statutory protection unless the landlord acts unlawfully

How to Challenge a Rent Increase as a Long-Term Tenant

If your private landlord tries to increase your rent and you believe it’s unjustified, Scottish law allows you to object:

• Your landlord must provide at least 3 months’ notice of any rent increase using the correct form
• You can apply to the Rent Officer if you feel the new amount is unfair
• The tribunal will independently assess whether the increase is reasonable

You’ll need to fill out the Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) rent increase form found here.

Always respond within the set deadlines stated in your notice to preserve your rights!

Deposit and Repair Rules

Long-term tenants’ deposits by law must be protected in an approved scheme, and landlords must ensure repairs meet the legal Repairing Standard. For short-term lets, legal repair obligations are lighter, but new licensing requires minimum fire and safety compliance.

Summary Table: Your Rights by Tenancy Type

1. Do short-term tenants have any eviction protection?
   Short-term lets generally do not provide statutory eviction protection; your rights will be detailed in your contract. However, all renters are protected against unlawful eviction and harassment.
2. Can a landlord raise the rent at any time?
   No. For Private Residential Tenancies, rent can only be increased once every 12 months using proper notice. Short-term lets are governed by your agreement.
3. How do I know if I have a long-term or short-term agreement?
   If you moved in after 1 December 2017 and pay rent to a private landlord as your main home, you likely have a Private Residential Tenancy. Short-term lets are primarily for holiday or temporary use.
4. Which tribunal deals with Scottish tenancy disputes?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) handles eviction, rent increase, and repair cases for residential tenants in Scotland.
5. What official forms should I know about?
   Key forms include the Notice to Leave (for eviction), the Rent Increase Notice (RPZ1), and the Tribunal application form for rent disputes. See official Scottish Government links above for downloads and guidance.

Conclusion: What Scottish Renters Should Remember

• Long-term tenant protections are much stronger than those for short-term lets, especially regarding eviction, rent limits, and repairs
• Always check your tenancy type; it determines which rights and remedies are available
• If you receive notices (for eviction or rent increases), act quickly and consider seeking formal advice

Knowing your specific tenancy type and associated rights is your best protection against unfair treatment and surprises from your landlord.

Need Help? Resources for Renters

• MyGov.Scot Renting Guide – Official housing guidance from the Scottish Government
• First-tier Tribunal for Scotland (Housing and Property Chamber) – For complaints, rent, and eviction applications
• Shelter Scotland – Confidential advice and support for renters
• Citizens Advice Scotland – Tenancy Information

1. Private Housing (Tenancies) (Scotland) Act 2016 – Full text
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022
4. Scottish Government – Private Residential Tenancy Info
5. Scottish Government – Rent increases and your tenancy