Renewing a Private Residential Tenancy in Scotland: Renter's Guide

Renewing your tenancy in Scotland is an important process that helps you secure continued accommodation and gives you peace of mind as a renter. Whether you’re staying put after an initial fixed term or planning ahead, understanding the legal rules and practical steps can make the process much smoother. This guide covers everything you need to know about renewing a tenancy in Scotland, including key forms, official resources, and your rights under Scottish housing law.

Tenancy Types in Scotland

Most private renters in Scotland today have a Private Residential Tenancy (PRT), introduced in December 2017. Older tenancies may use different rules, but the vast majority of renewals now follow the PRT model. Under a PRT:

• The tenancy is open-ended — there’s no fixed term that automatically expires
• Your agreement continues until you or your landlord end it following legal procedures
• There is no need for a new contract or formal renewal to stay in your home

If you have an older Assured or Short Assured Tenancy, specific renewal rules may apply. These tenancy types are becoming rare and most renters are now on a Private Residential Tenancy.

What Does 'Renewal' Mean for a PRT?

Under the Private Housing (Tenancies) (Scotland) Act 2016, a PRT is continuous. This means:

• Your tenancy continues automatically – no renewal paperwork is required
• All terms (including rent, rights, and responsibilities) remain the same unless changed by proper written notice
• You only need a new agreement if you and your landlord both want to change the terms, or start fresh

Changing Your Tenancy Terms

If you want to make changes (like updating who lives at the property, or clarifying responsibilities), you and your landlord can agree and record these changes in writing. Always ask for a signed, updated tenancy agreement or a clear written record of any updates.

How Rent Increases Work During Renewal

Your landlord might wish to increase the rent as part of a renewal discussion. For PRTs, they must use the correct legal procedure:

• Serve a Rent Increase Notice (Form RTM)
• Provide at least 3 months’ written notice
• Offer information about how you can challenge an excessive increase

Official Form:
Notice to Increase Rent (Form RTM): Used by your landlord to notify you officially of any planned rent increase. You’ll receive this document; if you think the rise is unfair, you can apply to the Rent Service Scotland for a review.

What If You Want a New Agreement?

If you and your landlord both prefer to sign a brand new agreement (for example, after major changes in tenants or the property), this is allowed. You can request a new Private Residential Tenancy written agreement using the Scottish Government model template.

• No special renewal forms are needed for a new PRT — just sign a fresh contract
• If you're unsure, ask your landlord to use the official Scottish Government model agreement for clarity

Terminating a Tenancy vs. Renewal

If either party wishes to end the tenancy, proper notice must be given. Renters must provide at least 28 days’ written notice using a Tenant’s Notice to Leave. Landlords have their own legal procedures to follow.

If You Disagree With New Terms or a Rent Increase

If you feel a rent increase is excessive or other new terms seem unfair, you have the right to challenge. You can apply to Rent Service Scotland or refer disputes to the First-tier Tribunal (Housing and Property Chamber) Scotland for resolution.

• To challenge a rent increase, apply to Rent Service Scotland within 21 days of receiving a Rent Increase Notice
• For wider disagreements (like unfair terms or eviction notices), apply to the Housing and Property Chamber

Key Action Steps for Renewing a Tenancy

• Continue living in your home under the same agreement — no paperwork unless you agree changes
• If your landlord proposes a new contract, review carefully and seek advice if unsure
• Challenge any unfair rent increases or terms with Rent Service Scotland or the Tribunal

For official model agreements, guidance, and forms, visit the Scottish Government Private Rental Agreements page.

FAQ: Renewing Tenancy in Scotland

1. Does my tenancy automatically renew in Scotland?
   Yes. If you have a Private Residential Tenancy, your agreement continues automatically unless you or your landlord end it with proper notice. There is no requirement for renewal paperwork under Scottish law.
2. What should I do if my landlord wants me to sign a new agreement?
   Check if the new agreement fairly reflects your rights and responsibilities. You are entitled to seek advice before signing anything, and can ask that the official Scottish Government model agreement be used for transparency.
3. Can my rent be increased during renewal?
   Yes, but only if your landlord serves a legal Rent Increase Notice (Form RTM) and gives at least 3 months' written notice. You can challenge an unfair increase through Rent Service Scotland.
4. How do I challenge a rent increase in Scotland?
   Apply to Rent Service Scotland within 21 days of receiving the notice. They will assess whether the proposed rent is fair.
5. Which tribunal handles tenancy disputes in Scotland?
   The First-tier Tribunal (Housing and Property Chamber) Scotland resolves disputes between landlords and tenants, including issues about tenancy terms, eviction, and rent increases.

Conclusion: Quick Tips for Renewing Your Scottish Tenancy

• Most renewals are automatic for Private Residential Tenancies — no forms required.
• Always check new agreements carefully and don’t hesitate to get advice.
• Dispute unfair rent increases or changes through official channels like Rent Service Scotland or the Tribunal.

Staying informed helps you protect your home and your rights as a tenant.

Need Help? Resources for Renters

• Scottish Government: Tenant’s Guide – Comprehensive advice and downloadable guides
• Model Tenancy Agreements and Forms – Official resources for renters and landlords
• First-tier Tribunal for Scotland Housing and Property Chamber – Tenancy dispute and rent challenge applications
• Rent Service Scotland – For rent increase challenges and advice
• Tenants’ Rights and Support (mygov.scot) – Guidance on ending a tenancy, deposits, and renter protections

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Scottish Government guidance: Private residential tenancies - tenant's guide
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Notice to Increase Rent (Form RTM)
5. Model Notice to Quit

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