What is a Private Residential Tenancy?
A Private Residential Tenancy (PRT) is the standard tenancy type for most private renters in Scotland. It replaced older tenancy types and gives tenants ongoing rights while also setting clear responsibilities for landlords and tenants. The rules and permitted grounds for ending a tenancy are set out in statute and guidance.[1]
Your core rights as a tenant
Below are the most common rights tenants use when there is a problem with rent, repairs, deposits or notices.
- Rent increases: landlords must follow the procedure set out in law and give written notice before any change to the rent.
- Eviction and notice periods: a landlord can only evict using the permitted grounds and by serving a valid Notice to Leave where required.
- Repairs and the Repairing Standard: landlords must keep the property wind and watertight and maintain installations for water, gas and electricity.
- Deposits and deductions: tenants can ask for an itemised list of deductions and challenge unfair charges when a tenancy ends.
- Privacy and access: landlords must give proper notice before entering and cannot use forced entry except in an emergency.
Notices, official forms and the tribunal
When formal action is needed, tenants and landlords use a mix of notices and tribunal forms. The primary legislation is the Private Housing (Tenancies) (Scotland) Act 2016, which sets out permitted grounds, notice requirements and other protections.[1] The body that handles most tenancy disputes is the First‑tier Tribunal for Scotland (Housing and Property Chamber).[2]
Common official documents and when you would use them:
- Notice to Leave (no universal form number): used by a landlord to give formal notice for specified permitted grounds; tenants should check dates and reasons and seek advice if unsure.
- Application to the First‑tier Tribunal (Housing and Property Chamber) — use this when asking the tribunal for a Repairing Standard Enforcement Order or an order for possession; the tribunal website explains the exact application pack and supporting evidence needed.[2]
- Evidence and supporting documents: tenancy agreement copies, rent records, photos and repair requests are essential when you make an application to the tribunal or challenge a deposit deduction.
How rent increases work
Landlords must follow the written procedure for increasing rent. If you receive notice of a rent increase, check the notice period and whether the increase follows the terms of your tenancy. If you believe an increase is unreasonable you can try to negotiate, and if that fails you can apply to the First‑tier Tribunal to have the increase reviewed.
Repairs and resolving disrepair
If essential repairs are not carried out after you report them, keep records of all contacts and dates. You can ask the landlord in writing for action and set a reasonable deadline. If the landlord still does not act, you may apply to the tribunal for a Repairing Standard Enforcement Order. The tribunal can inspect, issue orders and set timescales for compliance.[2]
Key steps when something goes wrong
- Document the problem with dates, photos and copies of messages.
- Raise the issue with your landlord or letting agent in writing and request a clear deadline.
- If unresolved, prepare and submit the appropriate tribunal application with supporting evidence.
- Attend hearings or provide written evidence when the tribunal schedules a hearing.
FAQ
- Can my landlord evict me without a reason?
- No. In Scotland a landlord must rely on a permitted ground under the Private Housing (Tenancies) (Scotland) Act 2016 and follow the correct Notice to Leave and tribunal process.[1]
- How long does a landlord have to carry out repairs?
- There is no fixed single deadline for all repairs; what is "reasonable" depends on urgency. Report issues in writing, set a clear deadline and keep records; use the tribunal if the landlord does not comply.[2]
- What can I do if my deposit is unfairly withheld?
- Ask for an itemised list and evidence for deductions; if you cannot agree, apply to the tribunal or the scheme that protects deposits for dispute resolution.
- Where do I apply if I need a legal order?
- Use the First‑tier Tribunal for Scotland (Housing and Property Chamber) to apply for possession orders, enforcement of repairing standards and to resolve deposit disputes.[2]
How-To
- Read the written notice or rent increase and note any deadlines, such as the date you must respond or the effective date of a rent change.
- Collect evidence: tenancy agreement, rent receipts, photos of disrepair and copies of messages or emails with dates.
- Contact the landlord in writing requesting the remedy you want and give a reasonable deadline for a response.
- If there is no satisfactory response, complete the tribunal application pack and submit it with your evidence to the First‑tier Tribunal.
- Attend any tribunal hearing or provide written statements; follow tribunal orders and keep copies of all correspondence.
Help and Support / Resources
- First‑tier Tribunal for Scotland (Housing and Property Chamber) — apply for orders, hearings and guidance
- Scottish Government guidance on Private Residential Tenancies, notices and tenant rights
- Private Housing (Tenancies) (Scotland) Act 2016 — full legislation
