Scottish Renters: Know Your Key Rights and Responsibilities

Renting a home in Scotland gives you important legal rights and protections. Whether you’re facing a rent increase, worried about eviction, or dealing with repairs, Scottish law sets clear rules for both tenants and landlords. This practical guide explains your core rights under current Scottish law and provides helpful resources if issues arise.

Understanding Your Tenancy and Legal Rights

Most renters in Scotland today have a private residential tenancy (PRT), introduced by the Private Housing (Tenancies) (Scotland) Act 2016^[1]. This modern tenancy protects you with key rights relating to rent, eviction, and your home’s condition.

• Right to a written tenancy agreement: You must be given a written contract outlining terms, rent, and responsibilities.
• Protection from unfair eviction: Your landlord needs valid reasons and must follow a strict legal process.
• Fair rent rules: Rent can’t be increased more than once a year, and you must get at least three months’ notice.
• Repairs and maintenance: Your home must remain safe and in good repair, with your landlord legally responsible for most major repairs.
• Safe, private living: You have the right to live in your home without unreasonable interference.

For more on tenancy types and your legal protections, visit the Scottish Government’s official tenancy agreements guidance.

Rent Increases: Rules and How to Challenge Them

A landlord can increase the rent for a PRT, but you’re protected from sudden or excessive hikes. Here’s how it works:

• One increase per year: Rent can’t be put up more than once in a 12-month period.
• Minimum notice: You must get at least 3 months’ written notice using the Notice to Increase Rent (Form RR1).

Example: If your landlord wants to raise your rent from July, they should give you a completed Form RR1 with details of the new rent by early April.

If You Think the Increase Is Unfair

You can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to challenge the rent increase if you believe it is unfair.

• Submit your challenge within 21 days of receiving Form RR1.
• Complete the rent adjudication application—see the official application process here.
• The Tribunal will decide if the new rent is fair compared to similar properties in your area.

Repairs, Safety, and Your Landlord’s Responsibilities

Your landlord is legally required to keep your home in a good state of repair and meet the Repairing Standard. This means:

• Fixing major issues (like plumbing, heating, or structural faults)
• Ensuring smoke alarms, carbon monoxide detectors, and gas/electrical systems are safe
• Responding to repair reports within a reasonable time

If your landlord doesn’t act after you report a problem, you can apply to the First-tier Tribunal using the Repairing Standard Application Form. Fill out the form with details and evidence (photos, emails) and follow the Tribunal’s case process.

Eviction: When and How It Can Happen

Your landlord can only end your tenancy using legal ‘grounds for eviction’ set out in law—such as rent arrears or selling the property. They must give you a formal Notice to Leave (for PRT), stating why and when you’re expected to move out.

• Minimum notice: Can range from 28 days to 84 days, depending on circumstances.
• If you don’t leave after the notice period, your landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.
• Your side will be heard before any decision is made by the Tribunal.

For detailed eviction information, see the Scottish Government’s eviction rights guidance.

Key Official Forms in Scotland

• Notice to Increase Rent (Form RR1): Official document for raising rent. Used when landlord proposes an increase. Download and details here.
• Notice to Leave: For ending a PRT, landlord must use this to inform the tenant, stating the reason and notice period. Form and instructions.
• Repairing Standard Application: Used by renters to apply to the Tribunal if landlord won’t fix major repairs. Official application page.

FAQ: Scottish Renters’ Rights

1. Can my landlord increase the rent whenever they want?
   No. Under a PRT, rent can only be increased once in any 12-month period, and you must get three months’ notice with the correct form.
2. I have been given a Notice to Leave. What should I do?
   Check that the notice states a legal ground for eviction and gives the right period of notice. If you have questions, seek advice or contact the Housing and Property Chamber.
3. What if my landlord won’t carry out urgent repairs?
   First, put your request in writing. If there’s still no action, you can apply to the First-tier Tribunal using the Repairing Standard Application.
4. Is my deposit protected?
   Yes, your landlord must place your deposit in a government-approved tenancy deposit scheme. You should receive scheme details within 30 working days of your tenancy starting.

Conclusion: Key Takeaways for Renters in Scotland

• Scottish law gives renters strong rights around eviction, rent, and repairs through the PRT system.
• You can formally challenge unfair rent increases or unresolved repairs via the Housing and Property Chamber.
• Use official forms and government advice for a smooth process if issues arise.

Understanding your rights helps you live with security and confidence as a tenant.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Handles rent, eviction, and repair disputes
• MyGov.Scot – Tenants' Rights
• Shelter Scotland – Free advice and support for renters
• Citizens Advice Scotland – Renting a Home

---

1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation