Understanding Private Residential Tenancies (PRT) in Scotland

If you’re renting a home in Scotland, it’s important to understand what type of tenancy agreement you have, as this affects your rights and responsibilities. In Scotland, most new private tenancies are called Private Residential Tenancies (PRTs), offering renters strong protections and clear rules under Scottish law.

What Is a Private Residential Tenancy in Scotland?

A Private Residential Tenancy (PRT) is the standard form of tenancy for private renters in Scotland since 1 December 2017. It replaced the old Assured Shorthold Tenancy (AST) used in England and Wales and the previous Scottish tenancies, offering improved security and simpler processes for both renters and landlords.

Key Features of a PRT

• No fixed term: Your tenancy runs month-to-month (or as otherwise agreed) and continues until you decide to leave or your landlord ends it using legal grounds.
• Rent increases: Landlords can normally only increase rent once every 12 months, with at least three months’ written notice.
• Eviction: Landlords must use specific legal reasons (called eviction grounds), give written notice, and follow a clearly defined process.
• Official rules and rights: The Private Housing (Tenancies) (Scotland) Act 2016 sets out your protections.

Who Gets a PRT?

Most new private renters in Scotland since December 2017 are automatically given a PRT, unless you live with your landlord or in some special circumstances.

What Legal Documents and Forms Do Renters Need?

Here are the most important forms and notices under the PRT system, including when you might use them:

• Private Residential Tenancy Agreement
  This is the written agreement your landlord must provide. You can view or download the government’s model tenancy agreement from the Scottish Government’s official page.
  Example: You should receive this when your tenancy begins. Check that it includes your name, property address, start date, rent, and all agreed terms.
• Rent Increase Notice (Rent Increase Notice to Tenant(s) – PRT, Form)
  Before raising your rent, your landlord must give you this official three-month advance notice.
  Official form here.
  Example: If your landlord proposes a rent rise, they must complete and provide you with this form. You have the right to challenge it if you think it’s too high.
• Notice to Leave
  This is the official document your landlord must serve if they want to end the tenancy, stating the specific ground(s) and giving the required notice period.
  Official Scottish Government guidance.
  Example: If you receive this, check the notice period and reasons. If unsure or you disagree, seek advice right away.
• Rent Challenge Application (Rent Officer Challenge)
  If you believe a rent increase is unfair, you can apply to a Rent Officer to assess whether it’s reasonable. See how to apply on the Scottish Government guidance.
  Example: After a rent increase notice, use this process within 21 days if you disagree with the new amount.

Your Rights and Responsibilities as a Renter

Under a PRT in Scotland, tenants have a range of rights and duties. Here are some of the main points:

• Right to a written tenancy agreement and to know who your landlord is
• Right to reasonable notice of rent increases (once annually, with three months’ notice)
• Protected from eviction unless your landlord has valid legal grounds and provides a Notice to Leave
• Obligation to pay rent on time and look after the property
• Right to have repairs completed and the property kept to a habitable standard

Which Tribunal Handles Disputes?

If you cannot resolve a dispute with your landlord – for example, about eviction, repairs, or rent increases – you may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). This tribunal handles most issues between renters and private landlords under PRT law.

Relevant Legislation

The main law covering these tenancies is the Private Housing (Tenancies) (Scotland) Act 2016, which sets out all rights, processes, and protections for renters under a PRT.

PRTs give Scottish renters better security and clearer rights than most previous tenancy types, including older-style ASTs, which are not used in Scotland anymore.

Frequently Asked Questions

1. Can my landlord ask me to leave at any time under a PRT?
   No. Your landlord must have one of the permitted legal grounds, provide a Notice to Leave, and follow the correct process set out in law.
   
2. How often can my landlord increase my rent?
   Rent can usually only be increased once every 12 months, and your landlord must give you at least three months’ written notice using the official form.
   
3. What should I do if I disagree with a rent increase?
   You can challenge it. Apply to a Rent Officer within 21 days of receiving the rent increase notice to have it reviewed.
   
4. What official tenancy agreement should I have?
   You should be given a written Private Residential Tenancy Agreement. The government provides a model agreement to guide landlords and tenants.
   
5. Who can help if my landlord doesn’t do repairs?
   Start by contacting your landlord in writing. If repairs aren’t done, you can apply to the First-tier Tribunal (Housing and Property Chamber) for enforcement.

Conclusion: Key Takeaways for Scottish Renters

• Most private renters in Scotland now have a PRT, with strong legal protections.
• Landlords must use formal processes for rent changes or eviction and provide the right forms.
• If you face issues, help is available through government resources and the Housing and Property Chamber.

Need Help? Resources for Renters

• Scottish Government: Renting Your Own Place
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland: Free advice for renters
• Citizens Advice Scotland: Renting a Home

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

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