If you rented your home in Scotland before the Private Residential Tenancy (PRT) began, your agreement may still be governed by earlier rules. This guide explains what 'pre-PRT' transitional arrangements mean for tenants, clearly describing rights on rent increases, notices, repairs and how to use official forms and the tribunal. It is written for renters who want practical steps to protect their tenancy, respond to a notice, or challenge changes. Where possible the text points to official Scottish sources and tribunal routes so you can take action with confidence and know where to find forms and time limits. If you are unsure which rules apply to you, follow the step-by-step how-to and contact the tribunal or government pages linked below.
Overview of transitional rules
When the Private Housing (Tenancies) (Scotland) Act 2016 took effect, many existing agreements continued under their previous terms until the tenancy ended or was replaced. Those older or "pre-PRT" tenancies keep specific notice periods, rent review rules and eviction grounds that differ from PRTs. Check your tenancy paperwork to see if it references an assured tenancy, short assured tenancy or other named type, because that determines which rules apply and which statutory processes you must follow.
Which tenancies are affected
Pre-PRT agreements typically include tenancies that started under earlier Scottish rental law and were not converted to a PRT on renewal. If your written agreement or deposit paperwork shows a start date before December 2017, it is likely classed as pre-PRT. Confirm with your landlord in writing and keep a dated copy of any response for your records.
Tenant rights and common issues
Tenants in pre-PRT tenancies still have basic habitability rights: landlords must repair and maintain the property, ensure safety standards and respect privacy rules for entry. Rights around rent increases, deposit handling and notice periods may follow older statutory tests rather than the PRT model. If your landlord serves a notice to vary terms, increase rent or to evict, check which legal grounds and timeframes are cited and compare them to the rules in the 2016 Act and relevant Scottish guidance.[1]
Official forms and where to use them
Scotland relies on a combination of legislation, government guidance and tribunal procedures. Relevant official sources include the Private Housing (Tenancies) (Scotland) Act 2016, guidance pages for private renting, and the First-tier Tribunal (Housing and Property Chamber) where applications are made. You will typically use:
- Application to the First-tier Tribunal (Housing and Property Chamber) — use the tribunal application form to ask for a decision on eviction, rent arrears or other tenancy disputes; upload evidence and any tenancy paperwork when you submit. [2]
- Official guidance on private renting (Scottish Government) — practical checklists and model tenancy documents for tenants and landlords; use this to understand which rules apply to your pre-PRT tenancy. [3]
- Primary legislation (Private Housing (Tenancies) (Scotland) Act 2016) — consult the Act for the exact statutory text on transitional arrangements and grounds for possession. [1]
Practical example: if you receive a notice claiming possession for rent arrears, you would note the date on the notice, collect bank statements and rent receipts, then complete the tribunal application form to seek a hearing or a repayment plan.
How to challenge a notice or eviction
If you believe a notice is incorrect or an eviction is unfair, follow these action steps: first, check the notice type and deadline; second, contact your landlord in writing asking for clarification and any supporting documents; third, gather evidence (photos, receipts, communication logs); fourth, apply to the First-tier Tribunal with the application form and submit your evidence; finally, attend the hearing or request a written decision if you cannot attend.
FAQ
- What is a pre-PRT tenancy in Scotland?
- A pre-PRT tenancy is any residential agreement that began under earlier rental law and did not convert to a Private Residential Tenancy; such tenancies follow older rules until they end.
- Can my landlord increase rent under transitional rules?
- Yes, but the process depends on the tenancy type and the terms in your agreement; landlords must follow the correct notice procedure and any statutory limits that applied under the older regime. Check the guidance and the Act to confirm the proper process.[1]
- How do I apply to the First-tier Tribunal?
- Download and complete the tribunal application from the Housing and Property Chamber website, attach evidence (contracts, receipts, photos) and pay any fee or ask for a fee waiver if eligible; the tribunal explains submission steps online.[2]
How-To
- Identify the type of notice and the deadline for response or appeal.
- Gather supporting evidence: tenancy agreement, rent records, photos and messages.
- Complete the tribunal application form and attach evidence and a clear written statement of your request.
- Submit the application to the First-tier Tribunal and request a hearing date or a paper decision if needed.
- If the tribunal issues an order, follow its terms and keep all paperwork and receipts in case enforcement or further action is needed.
Key Takeaways
- Pre-PRT tenancies in Scotland may retain older rights and notice procedures that differ from PRTs.
- Always note and act within deadlines shown on notices to preserve your options.
- The First-tier Tribunal (Housing and Property Chamber) handles applications and decisions for tenancy disputes.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Scottish Government: Private renting guidance
- Private Housing (Tenancies) (Scotland) Act 2016 on legislation.gov.uk
