Understanding Fixed-Term and Rolling Tenancy Agreements in Scotland

Choosing the right tenancy type is crucial for renters in Scotland. Understanding how a fixed-term tenancy differs from a rolling (also called periodic) tenancy can help protect your rights, especially when it comes to ending agreements, facing rent increases, or dealing with eviction. This guide explains the essentials under Scottish law, so you can make informed decisions and handle tenancy issues confidently.

Types of Tenancy Agreements in Scotland

Most renters in Scotland today have a Private Residential Tenancy (PRT), introduced by the Private Housing (Tenancies) (Scotland) Act 2016. This has replaced older tenancies such as assured and short assured tenancies for most new lets since December 2017.¹

What is a Fixed-Term Tenancy?

A fixed-term tenancy is when you and your landlord agree that the tenancy will last for a set period—typically six months or a year. You are committed until the end of that period, unless both parties agree to end it early. After the initial term, your agreement may become rolling, or you may enter a new fixed-term.

• Example: You sign a 12-month lease starting in July. Both you and the landlord are generally bound until next July, unless you both agree otherwise.
• If you leave early, you may still be liable for rent until the end of the fixed term—unless the landlord finds a new tenant or agrees to an early end.

In Scotland, most new tenancies after December 2017 are open-ended Private Residential Tenancies rather than truly fixed-term. However, your agreement may set initial expectations for duration and notice periods.

What is a Rolling (Periodic) Tenancy?

A rolling tenancy (also called periodic) continues automatically with no set end date. In Scotland, a Private Residential Tenancy is by default rolling—your tenancy goes on until you or your landlord give notice to end it. Notice can be given at any time, following legal requirements.

• No fixed end date—tenancy continues until ended by you or your landlord
• Offers greater flexibility if your circumstances change
• Landlords must follow specific legal notice periods to end your tenancy

Key Differences: Rights and Duties

Here’s how fixed-term and rolling tenancies compare across some typical renter questions:

• Ending the tenancy: With a PRT, you can give 28 days' notice at any time. In rare cases where you have an older fixed-term lease (like a short assured tenancy pre-2017), you are usually bound until the end date unless both parties agree to end early.
• Rent increases: Under a Private Residential Tenancy, your landlord can only increase the rent once every 12 months, and must give at least 3 months’ notice using the correct form (see below).
• Evictions and possession: Landlords must use specific legal grounds and notice periods to end a Private Residential Tenancy. These are detailed in the Private Housing (Tenancies) (Scotland) Act 2016.

Always double-check your written tenancy agreement and refer to the law if unsure about your rights.

Official Forms You Might Need

• Notice to Leave: Used by landlords to legally end a Private Residential Tenancy, stating the grounds and notice period.
  Download Notice to Leave from the Scottish Government.
  Example: Your landlord wishes to sell the property. They serve you a Notice to Leave, giving at least 28 or 84 days' notice based on your situation.
• Tenant’s Notice to Leave (Termination by Tenant): This is the notice you must give to end your PRT. The minimum notice is 28 days, unless your agreement sets out something different.
  Download Tenant's Notice to Leave.
  Example: You have found a new place and want to leave your current property next month. Fill out this form and send it to your landlord with at least 28 days' notice.
• Rent Increase Notice (Form AT2): Landlords must use this form to notify tenants of a proposed rent increase.
  View Rent Increase Notice (AT2).
  Example: You receive this form from your landlord proposing a higher rent. You have the right to challenge this at the First-tier Tribunal (see below) within 21 days.

Disputes and Legal Support

If you have a dispute—such as being asked to leave, or disagreeing with a rent increase—you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). This official tribunal handles almost all private tenancy disagreements in Scotland.²

FAQ: Fixed-Term and Rolling Tenancies in Scotland

1. Can I leave a fixed-term tenancy early in Scotland?
   Yes, but you usually need your landlord’s agreement unless there’s a break clause in your contract. For Private Residential Tenancies, you must give at least 28 days’ notice.
2. How much notice does my landlord need to give to end my tenancy?
   For Private Residential Tenancies, notice periods are typically 28 or 84 days, depending on the reason and how long you’ve lived there. Full details are in the Private Housing (Tenancies) (Scotland) Act 2016.
3. Can my rent be increased during my tenancy?
   Your landlord can only propose a rent increase once every 12 months, and must use the official Rent Increase Notice form, giving at least 3 months’ notice. You can challenge this with the First-tier Tribunal.
4. Do rolling tenancies have less protection than fixed-term?
   No. Under Scottish law, Private Residential Tenancies (which are rolling by default) offer strong, open-ended rights and protections for renters, including required notice periods and grounds for eviction.
5. What should I do if I receive a Notice to Leave?
   Check the notice period and the grounds. If you disagree or if you’ve not been given the correct notice, you may appeal to the First-tier Tribunal Scotland.

Need Help? Resources for Renters

• Scottish Government – Tenants’ Rights: Official guidance on private renting
• Scottish Association of Landlords – Advice for Tenants: Support and advice on renting
• First-tier Tribunal (Housing and Property Chamber): For rent, eviction, and tenancy disputes
• Citizens Advice Scotland – Housing Help

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)

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