Student Tenant Rights and Rules in Scotland

Understanding student tenancy rules in Scotland is crucial if you're renting while studying at university or college. This guide explains key rights, responsibilities, and practical steps every student tenant should know under current Scottish law.

Types of Student Tenancies in Scotland

Most student renters in Scotland will have either a Private Residential Tenancy (PRT) or stay in purpose-built student accommodation (PBSA). It's important to know which tenancy type you have, as it affects your rights and how your agreement can end.

• Private Residential Tenancy (PRT): The standard tenancy for students renting privately from a landlord or letting agent since December 2017.
• Purpose-Built Student Accommodation (PBSA): Larger, exclusively student properties managed by universities or private operators. Often use fixed-term student lets, which have some legal differences.

If you're unsure of your tenancy type, consult your written agreement or get in touch with your university accommodation team for help.

Your Key Rights as a Student Tenant

• Right to a written tenancy agreement outlining rent, deposit, and rules
• Protection of your deposit in a government-approved tenancy deposit scheme
• Notice periods and proper procedures if your landlord wishes to end your tenancy
• Minimum standards for property repair and maintenance
• Protection against unlawful eviction and harassment

All private student renters (including those sharing with others) are protected by the Private Housing (Tenancies) (Scotland) Act 2016, which sets out your core rights and protections.^[1]

Deposits, Rent, and Maintenance

Deposits

• Landlords must protect your deposit within 30 working days using a scheme such as SafeDeposits Scotland, Letting Protection Service Scotland, or MyDeposits Scotland.
• You should receive written information confirming which deposit scheme is used. If your deposit isn't protected, you can apply to the First-tier Tribunal for Scotland for compensation.

Rent and Increases

• For PRTs, rent can only be increased once per year and you must get at least 3 months' notice in writing on the official form: Rent Increase Notice to Tenant(s) (Form 1).
• If you think a rent increase is unfair, you can challenge it at the First-tier Tribunal for Scotland (Housing and Property Chamber).

Maintenance and Repairs

• Landlords are legally required to keep the property in a safe and good condition. Report any issues as soon as possible in writing. If repairs are not made, you can apply to the Housing and Property Chamber for a remedy.

Ending Your Student Tenancy

Notice rules depend on your tenancy type. For most Private Residential Tenancies, student tenants can end their tenancy with 28 days' notice using the Notice to Leave process.

• If your landlord wishes to end the tenancy, they must serve you a valid Notice to Leave with a minimum notice period (usually 28 or 84 days, depending on your circumstances).
• For PBSAs, you may have signed a fixed-term lease. You are generally expected to stay until the end unless you agree early release with the provider.
• If you are facing problems or feel notice was served incorrectly, contact the First-tier Tribunal for Scotland (Housing and Property Chamber) for independent resolution.

Always keep written records of any notices or official communication, as you may need them if a dispute arises.

Key Forms for Student Tenants

• Rent Increase Notice to Tenant(s) (Form 1): Used by landlords when increasing rent on a PRT. You should receive this at least 3 months before the proposed increase. See and download the official form.
• Notice to Leave: Used by your landlord to formally start ending a PRT. Also used if you wish to leave, with 28 days' notice. View the official guidance and form.
• Deposit Protection Schemes: Check/verify which government scheme holds your deposit: Tenancy Deposit Schemes in Scotland.

If you are unsure how to use any of these forms, you can get free advice from Shelter Scotland or your university housing office.

FAQ: Student Tenancy Rules in Scotland

1. Can my landlord ask me to move out before the end of my lease?
   Usually not without notice. For PRTs, landlords must serve a Notice to Leave with the correct legal grounds and notice period. For fixed-term student leases, you are generally protected until the end of the contract unless both parties agree otherwise.
2. How do I get my deposit back at the end of my tenancy?
   Your deposit should be returned by the scheme—minus any agreed deductions—within 30 working days of your tenancy ending. If there is a dispute, use the scheme’s dispute resolution service or contact the Housing and Property Chamber.
3. What should I do if my landlord refuses repairs?
   Write to your landlord first. If the problem isn't fixed, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for help enforcing repairs.
4. Can my landlord increase my rent any time?
   No. For most student tenancies, rent can only be raised once a year and you must receive at least 3 months’ written notice using the correct official form.
5. Who do I contact if I have a serious complaint about my tenancy?
   You can submit a complaint to the First-tier Tribunal for Scotland (Housing and Property Chamber) for issues like deposit disputes, unlawful eviction, or repairs.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Handles tenancy disputes, deposit complaints, eviction, and repair issues.
• Shelter Scotland: Free expert advice for all renting issues, with special guidance for students.
• MyGov.scot Tenancy Deposits: Check deposit protection and dispute procedures.
• Scottish Government Tenancy Guidance for Students

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1. [1] Private Housing (Tenancies) (Scotland) Act 2016: Main legislation governing private tenancies, including student PRTs.
2. [2] First-tier Tribunal for Scotland (Housing and Property Chamber): Official tribunal for residential tenancies.
3. [3] Rent Increase Notice to Tenant(s) (Form 1): Official form for notifying rent increases.
4. [4] Notice to Leave guidance and form: Government resource on ending a tenancy.
5. [5] MyGov.scot Tenancy Deposit Schemes: Information about Scottish tenancy deposit protection.

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