Temporary Rental Laws: What Scottish Renters Need to Know

If you're a renter in Scotland and considering a temporary rental—whether for work, study, or while between homes—it's essential to know what laws apply and what rights you have. Recent changes and ongoing regulation make this a shifting area, especially with the rise of holiday lets and short-term tenancies. This guide breaks down what counts as a temporary rental in Scotland, the current legality, and how to protect your rights.

Understanding Temporary Rentals in Scotland

"Temporary rental" describes a living arrangement where you’re renting a property for a short, often fixed, period. In Scotland, these arrangements might involve:

• Short-term lets (e.g., Airbnb or holiday homes)
• Renting a room in someone's house for a few weeks or months
• Student accommodation with a specific season or academic term contract

The specific laws and rights you have depend on the type of agreement you sign, how long your stay is, and whether this is your only or main home.

Which Laws Cover Temporary Rentals?

In Scotland, the main legislation covering residential tenancies is the Private Housing (Tenancies) (Scotland) Act 2016^[1]. Since December 2017, most new private tenancies are Private Residential Tenancies (PRT), aimed at providing tenants with greater security. However, short-term or holiday lets are usually excluded from the PRT rules. Instead, these may fall under local short-term let licensing schemes or holiday let regulations.

Short-Term Lets – Recent Changes

Since October 2022, anyone operating a short-term let in Scotland (such as Airbnb) must apply for a licence from their local council. This applies whether the property is let for days or weeks at a time. The aim is to ensure standards, safety, and proper use of housing stock. More information is available on the mygov.scot short-term let licensing page^[2].

If you are staying in such a property, you should check that the landlord holds a valid licence.

Your Rights in a Temporary Rental

Your rights depend on your tenancy type:

• Private Residential Tenancy (PRT): Security of tenure, notice requirements for eviction, protection from unfair rent increases. Must be your only or principal home, usually for open-ended periods.
  See more: Private Residential Tenancy guide.
• Short-term let/holiday let: Fewer protections, especially if your main home is elsewhere. No standard eviction notice periods or rent increase limits. However, the property must be safe and meet licensing standards.
• Common law tenancies/lodgers: If you rent a room in your landlord’s home, your rights are different again—see the Common Law Tenancies information.

Official Forms Renters May Need

• Form AT5 – Notice for Short Assured Tenancy (before Dec 2017): Used by landlords to create a short assured tenancy before the introduction of PRT. Rarely used now except for tenancies begun pre-2017. Not applicable to most new temporary rentals but may still affect historic tenancies. Download and guidance: AT5 Form.
• Short-term Let Licence Application: Required for landlords to legally let property on a short-term basis. Renters can check with their local council that this has been granted. Info and application links: Short-term let licensing.
• Notice to Leave (PRT only): If a landlord wants you to leave a PRT, they must issue an official Notice to Leave. This does not generally apply to holiday or short-term lets.

The main tribunal for disputes over private tenancies in Scotland is the First-tier Tribunal (Housing and Property Chamber)^[3]. If you believe your rights have been breached, you can apply to this tribunal for help.

Practical Steps for Renters

• Check your agreement: Is it a PRT, a holiday/short-term let licence, or another type?
• Verify that your landlord holds the correct licence for short-term lets (ask your council if unsure)
• If you feel unsafe or your rights have been violated, contact your local council or the Housing and Property Chamber for support

Understanding the difference between a private tenancy and a short-term or holiday let is vital. Your protections as a tenant will differ significantly, affecting your ability to challenge eviction, rent increases, or disrepair.

Frequently Asked Questions

1. Are all temporary rentals legal in Scotland?
   Not necessarily. All short-term lets must be licensed by the local council. If a landlord is operating without a licence, this is unlawful. Private Residential Tenancies are legal when used as your main home, but many true short-term or holiday let arrangements are excluded from these laws.
2. What should I do if my landlord doesn’t have a short-term let licence?
   You can report unlicensed landlords to your local council. Staying in an unlicensed property could affect your rights and protections as a tenant.
3. Can I challenge a rent increase in a short-term rental?
   For most short-term lets or holiday rentals, there is no formal protection against rent increases. If you have a Private Residential Tenancy, you may refer unfair rent increases to a rent officer. See more: rent increase challenges.
4. What safety standards apply to temporary rentals?
   All properties must meet basic safety standards for gas, fire, and electrical safety. The licensing scheme enforces these requirements for short-term lets. Always ask your landlord for up-to-date safety certificates.
5. How can I find out what type of tenancy I have?
   Your tenancy agreement should specify this. If unclear, check documentation, speak to your local council, or access official guidance from mygov.scot.

Conclusion: Key Takeaways for Scottish Renters

• Temporary rentals are only legal if your landlord holds the correct short-term let licence or the tenancy meets Private Residential Tenancy requirements.
• Your rights and protections vary: short-term and holiday lets offer fewer safeguards than PRTs.
• Always check your rental agreement, know your rights, and seek support if you're unsure or feel at risk.

Remember: the type of rental agreement you sign has a major impact on your security and legal protections.

Need Help? Resources for Renters in Scotland

• First-tier Tribunal for Scotland (Housing and Property Chamber): handles disputes over tenancies or licensing
• mygov.scot tenant support resources: up-to-date tenant information, complaints, and guidance
• Shelter Scotland: free advice for renters on rights, eviction, and emergency housing issues
• Your local council’s housing department: check council websites for short-term let licensing queries

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1. [1] Private Housing (Tenancies) (Scotland) Act 2016 (legislation.gov.uk)
2. [2] Short-term lets licensing (mygov.scot)
3. [3] First-tier Tribunal for Scotland (Housing and Property Chamber)

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