Understanding Different Types of Tenancy in Scotland

Scotland has its own tenancy laws, designed to protect both renters and landlords. If you’re renting in Scotland, knowing what type of tenancy agreement you have helps you understand your rights around rent increases, eviction, repairs, and more. This guide covers the main types of tenancy in Scotland, official forms you might use, and the legal protections for each.

Main Tenancy Types in Scotland

Over the years, the law in Scotland has evolved to provide increased security for renters. While most private tenants now have a similarly protected agreement, it’s important to know which tenancy type applies in your situation:

• Private Residential Tenancy (PRT): The most common tenancy since December 2017.
• Assured Tenancy and Short Assured Tenancy: Older types, mostly for tenancies started before December 2017.
• Regulated Tenancy: Applies to some tenancies started before 1989.
• Other Tenancy Types: Social and council tenancies (not covered here in detail) and lodger agreements.

1. Private Residential Tenancy (PRT)

If your tenancy began on or after 1 December 2017, you almost certainly have a Private Residential Tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016. Key facts:

• Offers open-ended tenancies with no fixed terms
• Landlords must use specific legal grounds to end the tenancy
• Strict rules on rent increases and notice periods

2. Assured and Short Assured Tenancies

These tenancies were standard for leases starting between 2 January 1989 and 30 November 2017, under the Housing (Scotland) Act 1988. Differences include:

• Assured Tenancy: More secure; landlord needs legal grounds for eviction
• Short Assured Tenancy: Minimum 6 months; landlord had more ways to reclaim the property

New assured or short assured tenancies cannot be created now, but existing ones remain valid until they end or are replaced by a PRT.

3. Regulated Tenancy

These are rare and only apply to agreements from before 2 January 1989, under the Rent (Scotland) Act 1984. Regulated tenants have very strong protections, including rent limits set by the Rent Officer.

4. Social and Council Tenancies

Not all renters are in the private sector. If you rent from your local council or a housing association, you generally have a Scottish Secure Tenancy governed by separate rules (see social housing tenants' rights on the Scottish Government site).

Key Official Forms for Scottish Tenants

The following are important forms you might use as a renter in Scotland. Submit them to your landlord or the right authority, depending on your issue:

• Model Private Residential Tenancy Agreement – This template is used to create a PRT.
  Official Scottish Government guidance and agreement template.
  If your landlord provides a different contract, it must still meet statutory terms from the official PRT agreement.
• Notice to Leave (PRT tenants) – Used by landlords to formally notify tenants they wish to end a Private Residential Tenancy.
  See guidance and download the Notice to Leave.
  Example: If your landlord needs the property back, they must give you this notice using the proper form. You must receive at least 28 or 84 days' notice (depending on how long you’ve lived there and the reason).
• Tenant's Notice to Leave – To end your PRT, you must provide written notice to your landlord. There is no set form, but you can use this template at Renting Scotland.
  Example: If you decide to move, provide at least 28 days’ notice in writing.
• Rent Increase Notice (PRT, Form RPZ1) – Landlords must use this official form to propose a rent increase in a Rent Pressure Zone.
  Details and form on the Scottish Government site.
  Example: If you receive this notice and think the increase is unfair, you can challenge it through the First-tier Tribunal for Scotland (Housing and Property Chamber).

Your Rights and the Tribunal

In Scotland, disputes about rent increases, deposit returns, repairs, or eviction go to the First-tier Tribunal for Scotland (Housing and Property Chamber). This independent tribunal handles most private rented sector disputes instead of courts.

• Use the tribunal if you disagree with a rent increase or if your landlord tries to evict you unfairly
• You do not need legal representation to make a tribunal application
• Tribunal judgments are legally binding for both parties

Always keep records of any notices and communication with your landlord—especially if you're considering taking your issue to the tribunal.

FAQ: Types of Tenancy in Scotland

1. How can I check what type of tenancy I have in Scotland?
   You can usually find your tenancy type stated at the top of your written agreement. If your tenancy began on or after 1 December 2017, you likely have a Private Residential Tenancy. For older agreements, it may be an Assured or Short Assured Tenancy.
2. Can my private landlord evict me without reason?
   No. Under a Private Residential Tenancy, landlords must use specific legal grounds and serve you with a valid Notice to Leave. Older tenancies (assured/short assured) also have legal protections against unfair eviction.
3. What do I do if I get a Notice to Leave?
   Carefully read the notice. It must meet legal requirements and state the reason for eviction. If you think it’s not valid, you can challenge it at the First-tier Tribunal for Scotland (Housing and Property Chamber).
4. Can my landlord increase my rent whenever they want?
   For Private Residential Tenancies, landlords can only increase rent once per year and must give at least 3 months' notice using the correct form. You can challenge the increase at the tribunal if you believe it’s unfair.
5. Who can help if I’m not sure about my tenancy rights?
   Organisations like Shelter Scotland, Citizens Advice Scotland, or your local council’s housing service can provide support and information about your tenancy agreement.

Conclusion: Key Takeaways for Scottish Renters

• Most private renters now have Private Residential Tenancies, offering increased protection and stability.
• Older tenancies remain valid if they started before December 2017 and carry different rights and responsibilities.
• Official forms and the First-tier Tribunal for Scotland (Housing and Property Chamber) are there to protect your rights—don’t hesitate to use them if needed.

Understanding which tenancy you have helps you make informed decisions and take action if you need to challenge a notice, rent increase, or any issue with your landlord.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – For legal disputes about rent, repairs, and eviction.
• Scottish Government: Private Renting – Official policy and tenant guides.
• Shelter Scotland – Free advice and support for renters.
• Citizens Advice Scotland – Local bureaux for face-to-face help.
• Renting Scotland – Guidance on tenancy agreements and ending a tenancy.

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1. Private Residential Tenancies: A Guide for Tenants (Scottish Government)
2. Private Housing (Tenancies) (Scotland) Act 2016
3. Model Private Residential Tenancy Agreement (Scottish Government)
4. Housing (Scotland) Act 1988
5. First-tier Tribunal for Scotland (Housing and Property Chamber)

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