Understanding Fixed-Term and Rolling Rent Rules in Scotland

If you rent a home in Scotland, knowing the difference between fixed-term and rolling (periodic) tenancies is essential. Your tenancy type can affect how and when your rent can be increased, your rights around ending or renewing agreements, and what to expect if changes occur. This guide, designed for Scotland, explains these tenancy types and what they mean for your rights as a renter.

What is a Fixed-Term Tenancy in Scotland?

A fixed-term tenancy is an agreement for a set time period, such as 6 or 12 months. During this period, both you and your landlord are generally committed to those terms unless both sides agree to change them.

• Private Residential Tenancy (PRT): Since 1 December 2017, most new tenancies in Scotland are Private Residential Tenancies. These are typically open-ended without a fixed term, but some historic tenancies may still be fixed-term.
• Assured or Short Assured Tenancies: If your tenancy began before 1 December 2017, you may be under these types, which can include fixed terms.
• See the Scottish Government’s guide to Private Residential Tenancies

What is a Rolling (Periodic) Tenancy?

A rolling or periodic tenancy is one that continues on a monthly or weekly basis after the initial term ends, or is open-ended from the start (like most PRTs). Your agreement renews automatically, usually every month.

• Private Residential Tenancy: This is open-ended, meaning it automatically 'rolls on' until either you or your landlord bring it to an end using the proper legal procedure.
• Assured/Short Assured rolling tenancies: Older tenancy types can also roll on after the initial fixed term ends.

How Rent Increases Work in Fixed-Term and Rolling Tenancies

The rules on rent increases depend on the type of tenancy and whether you are in a fixed-term period or rolling agreement.

• Private Residential Tenancy (PRT): Your landlord can usually only increase your rent once every 12 months, and must give at least three months’ written notice using the official Rent Increase Notice to Tenant(s) (Form AT2) (see Rent Increase guidance).
• Assured/Short Assured (pre-2017): The procedures are set out in your tenancy agreement and under older legislation.

If you think a rent increase is unfair under a PRT, you can challenge it by applying to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Official Rent Increase Form (PRT)

• Form Name: Rent Increase Notice to Tenant(s)
• Form Number: N/A (official template provided)
• When and How Used: Your landlord must use this form to give you written notice of a rent increase under a PRT. For example, if your landlord wants to raise your rent every 12 months, they must fill in this form and give you three months’ notice before the new rent takes effect.
• Download the official Rent Increase Notice

Ending Fixed-Term vs. Rolling Tenancies

Ending a tenancy in Scotland depends on your agreement type. Here are the basics:

• Private Residential Tenancy (PRT): There is no fixed term—tenancies are open-ended. You can end the tenancy by giving your landlord 28 days’ notice. Your landlord must use one of the legal grounds and give you written notice, usually 28 days or longer depending on the reason.
• Assured/Short Assured Tenancy: These may require notice aligned with the contract terms. Be sure to check your agreement for notice periods and confirm if it has become rolling (statutory periodic) after the fixed term.

Notice to Leave (For Landlords Ending a PRT)

• Form Name: Notice to Leave
• Form Number: N/A (statutory content required)
• When and How Used: Landlords must serve this written notice with the appropriate period to end a PRT, stating the legal ground. For example, if your landlord needs to move back in, they must give you a Notice to Leave with at least 28 days’ notice (or longer if you have lived there over six months).
• More information and sample Notice to Leave

If you’re not sure which tenancy type you have, check your tenancy agreement and compare with the Scottish Government tenant guide.

Tribunals and Your Rights

If there’s a dispute about rent increases or ending your tenancy, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), the official body dealing with housing cases. The Tribunal can look at rent increases, eviction notices, deposit issues, and more.

Most tenancy rights for renters in Scotland are protected under the Private Housing (Tenancies) (Scotland) Act 2016 and, in some cases, the Housing (Scotland) Act 1988.

Key Differences at a Glance

• Fixed-term (historical): Usually locks you in for a set period, with rent increases typically outlined in the contract or subject to statutory rules.
• Rolling/PRT: Ongoing, open-ended tenancies. Rent can only be increased once a year with proper notice. Easier process to end compared to older fixed-term.
• All renters are protected by official housing legislation and have the right to challenge unfair rent increases or notices through the Tribunal.

Frequently Asked Questions

1. What type of tenancy do I have in Scotland?
   Check your tenancy agreement. If it started on or after 1 December 2017, it’s likely a Private Residential Tenancy (PRT). Older tenancies may be Assured or Short Assured and could be fixed-term or rolling. You can use the official tenant guide to compare.
2. How often can my landlord increase my rent in Scotland?
   For a Private Residential Tenancy, your landlord can only raise your rent once every 12 months and must give you three months’ written notice using the correct form.
3. How do I challenge an unfair rent increase?
   If you receive a rent increase notice and think it’s unfair, you can apply to the First-tier Tribunal for Scotland within 21 days of receiving the notice. Evidence and reasons are important for your case.
4. What is a rolling tenancy?
   A rolling (periodic) tenancy automatically renews every month or week, usually after the end of an initial fixed term or as an open-ended agreement, like a PRT.
5. Do I have to leave when my fixed term ends?
   Not necessarily. In Scotland, many tenancies roll on automatically after the fixed term ends. You have rights to stay unless served the correct notice, and you must follow the process to end the tenancy if you wish to leave.

Need Help? Resources for Renters

• Scottish Government – Rent advice for tenants
• First-tier Tribunal for Scotland (Housing and Property Chamber) – Handle rent disputes, deposit issues, and eviction matters
• Citizens Advice Scotland – Housing
• Shelter Scotland – Free advice and advocacy for renters

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Scottish Government – Guide to Private Residential Tenancies

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