Understanding statutory terms can help renters and tenants in Scotland know their rights and responsibilities under the Private Housing (Tenancies) (Scotland) Act 2016. This guide explains common statutory terms—such as rent, repairs, notice periods and eviction grounds—in plain language, with practical examples landlords and tenants can use. You will find how to use official forms, when to raise a dispute with the First-tier Tribunal (Housing and Property Chamber), and steps to take before a hearing. The notes are written for people who are not legal experts and focus on clear action: what documents to keep, how to respond to a notice, and when to seek advice from local housing services or citizen advice. Practical checklists follow.
Statutory terms explained
Rent and rent increases
Under Scottish law, the Private Housing (Tenancies) (Scotland) Act 2016 sets core terms on rent, increases and affordability. [1] Most private residential tenancies allow rent to be set by agreement; landlords must follow any contractual review clauses and give clear notice of increases.
- Check your tenancy for an agreed rent review clause and keep records of rent statements.
- If you receive a written rent increase, note the date and how it was delivered; you may challenge it if it breaches the tenancy terms.
- If you cannot agree, you can apply to the First-tier Tribunal (Housing and Property Chamber) for a determination. [2]
Repairs and maintenance
Tenants are entitled to have the property kept in repair and wind- and watertight; the landlord remains responsible for most structural and safety repairs.
- Report repairs to the landlord in writing and keep a dated copy of the report and photographs.
- If the landlord does not act, write a formal complaint and set a reasonable deadline for action.
- If serious disrepair continues, you may apply to the First-tier Tribunal for an order requiring repairs or compensation. [2]
Notice periods and eviction
Landlords must use the correct grounds and notice form when seeking possession; commonly they serve a Notice to Leave. Model guidance and forms are published by the Scottish Government and must be completed correctly before applying to the tribunal. [3] If a landlord applies to the First-tier Tribunal, the tribunal considers statutory grounds and evidence before granting an eviction order. [2]
- Read any Notice to Leave carefully and check the stated ground and date to determine your response.
- Note deadlines for replying or lodging evidence; missing a deadline can affect your case.
- Consider mediation or early engagement with the landlord to avoid formal proceedings.
Official forms and templates
- Notice to Leave (no form number): used by a landlord to state the ground for eviction and the date possession is sought; example — if you receive a notice claiming persistent rent arrears, check the dates and ask for evidence before the stated date. Scottish Government — Notice to Leave
- Application to the First-tier Tribunal (Housing and Property Chamber): the tribunal accepts applications to resolve disputes about possession, rent and repairs; tenants can submit supporting documents and witness statements with the application. First-tier Tribunal (Housing and Property Chamber) [2]
- Private Residential Tenancy agreement guidance (no single form number): the tenancy framework and required statutory terms are set out in the Act and related guidance; keep your signed tenancy and any written variations. [1]
What to do before applying to the tribunal
- Gather all tenancy paperwork, rent records, correspondence and photos showing disrepair or damage.
- Try to resolve disputes through clear written requests and, where available, local mediation services.
- Check statutory notice periods and the exact deadline for filing tribunal applications or evidence. [1]
FAQ
- What is a statutory term in a private residential tenancy?
- A statutory term is a right or obligation written into law that applies to private residential tenancies in Scotland, for example rights on repairs, rent and notice periods.
- Can my landlord increase the rent during a Private Residential Tenancy?
- Yes, if the tenancy agreement allows for a rent review and the landlord follows any written process; otherwise you can challenge the increase with evidence to the tribunal. [1]
- What should I do if I receive a Notice to Leave?
- Read it carefully, check the stated ground and date, keep a copy, gather relevant evidence and seek advice promptly from local housing services or the tribunal. [3]
How-To
- Check your tenancy agreement and collect documents: tenancy, receipts, photos and messages.
- Write to the landlord explaining the issue and request a reasonable remedy or clarification.
- If unresolved, complete the tribunal application form and upload your evidence to the First-tier Tribunal portal. [2]
- Attend any hearings or inspections and bring original documents and a timeline of events.
Key Takeaways
- Keep dated records of rent payments, repairs reports and all written communications.
- Know that the Private Housing (Tenancies) (Scotland) Act 2016 sets core statutory terms for most private tenancies. [1]
- Use the First-tier Tribunal (Housing and Property Chamber) for unresolved disputes about possession, rent or repairs. [2]
