Understanding Digital Tenancy Agreements in Scotland

Signing up for a new home in Scotland? You may be offered a 'digital tenancy agreement.' This guide explains, in plain language, exactly what this means for you as a renter in Scotland, how it works, and your rights under the law.

What Is a Digital Tenancy Agreement?

A digital tenancy agreement is simply a tenancy contract that’s created, signed, and stored electronically, rather than as a traditional paper document. In Scotland, these digital agreements are fully legal and have the same status as paper ones, so long as they meet all the requirements under Scottish law.

• Most new tenancies in Scotland are Private Residential Tenancies (PRT)
• Digital PRT agreements are common and encouraged by the Scottish Government
• Landlords and tenants can sign these agreements using e-signatures

You can learn more from the mygov.scot tenancy agreements page.

Are Digital Agreements Legal?

Yes – digital tenancy agreements are fully valid in Scotland under the Private Housing (Tenancies) (Scotland) Act 2016^[1]. As long as the required information is included, these documents carry the same legal weight as paper ones.

What Should a Digital Tenancy Agreement Include?

For a Private Residential Tenancy, whether digital or paper, your agreement must cover:

• The names and addresses of both landlord and tenant
• The start date of the tenancy
• Address of the property
• The rent amount and how it's to be paid
• Deposit details
• Landlord registration number
• Your rights and responsibilities (such as repairs and notice)

The Scottish Government even offers a Model Private Residential Tenancy Agreement, which many landlords use when drafting digital contracts.

How Are Digital Tenancy Agreements Signed?

Signatures are done using e-signature platforms (like DocuSign, Adobe Sign), or even by simply typing a name and confirming by email. As long as both the landlord and tenant clearly agree to the terms, this is enough to make the agreement binding.

After signing, both parties should retain a digital copy. Landlords are legally required to provide a copy to tenants.

Relevant Official Forms

Some official forms relating to digital (and paper) agreements you should know about:

• Notice to Leave (no form number):
  Used by a landlord to end a Private Residential Tenancy. It can be delivered digitally by email, if the contract allows.
  Practical example: Your landlord emails you a PDF 'Notice to Leave' if they want to end your tenancy. Find the official Notice to Leave guidance.
• Tenant’s Notice to Leave (no form number):
  Used by renters to end their tenancy; this can also be sent to the landlord electronically.
  Practical example: You email your landlord stating you wish to end the tenancy and attach the relevant notice. See tenant's notice process.
• Rent Increase Notice (no official form):
  Landlords must give tenants at least three months' notice before raising rent, usually by providing a formal notice (can be digital).
  Practical example: You receive an email with a rent increase letter; you can contest this if you disagree.
  Official rent increase guidance.

What If There’s a Dispute?

If you have concerns about the content or signing of a digital agreement, or if a landlord refuses to provide you a copy, you can seek help. Disputes over Private Residential Tenancy agreements are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber).

Always keep a copy of your signed digital agreement. If you lose it, ask your landlord for another copy as soon as possible.

Frequently Asked Questions

1. Are digital tenancy agreements as valid as paper ones in Scotland?
   Yes, digital tenancy agreements are legally binding and have the same status as traditional paper versions.
2. Is my landlord required to give me a digital copy of the agreement?
   Yes, landlords must provide tenants with a copy (digital or paper) of the signed agreement—this is a legal requirement.
3. Can I challenge a rent increase delivered by email?
   Yes. If your landlord notifies you of a rent increase digitally, you may refer the matter to a Rent Officer if you disagree. The official process is outlined on mygov.scot.
4. How do I end my digital tenancy agreement?
   You must notify your landlord in writing (email is valid if agreed). Notice periods must be followed—see the official guidance.
5. Where do I get help if there’s a problem with my digital agreement?
   If you cannot resolve issues directly with your landlord, contact the First-tier Tribunal for Scotland (Housing and Property Chamber) or check the resources below.

Need Help? Resources for Renters

• mygov.scot: Renting and Your Tenancy – Official Scottish Government site for renters
• First-tier Tribunal for Scotland (Housing and Property Chamber) – For landlord and tenancy disputes
• Shelter Scotland Advice Services – Free tenant advice and support
• Citizens Advice Scotland: Renting a Home – Independent help and guidance

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1. Private Housing (Tenancies) (Scotland) Act 2016 – The main tenancy legislation for Scotland

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