Updating a Tenancy Agreement in Scotland: Essential Steps

If you rent your home in Scotland, understanding how to update a tenancy agreement can help protect your rights and keep things clear with your landlord. Changes might be needed if your rent amount, living arrangements, or other terms require updating. Here, we break down your options, the steps involved, and which official forms and processes you’ll need.

Types of Tenancy Agreements in Scotland

Most private renters in Scotland now have a Private Residential Tenancy (PRT), introduced by the Private Housing (Tenancies) (Scotland) Act 2016¹. Older tenancies may still be under the Housing (Scotland) Act 1988².

• Private Residential Tenancy (PRT): No fixed end date, replaces assured/short assured tenancies.
• Assured and Short Assured Tenancies: Older types, subject to different rules.

This article focuses on updating Private Residential Tenancies, but similar principles apply to most types.

When and Why Should a Tenancy Agreement Be Updated?

A tenancy agreement is a legal contract. Updating it ensures any new terms (such as rent, names of tenants, or household rules) are clear and legally binding.

• When the rent increases or decreases
• When a new tenant joins or someone leaves
• If the landlord’s details change
• Changes in repair responsibilities or amenities

In Scotland, landlords can propose changes but they must get your informed consent—unless the law requires the change. Some updates require a written notice or even a specific form. Let’s look at the main situations and steps.

How to Update a Tenancy Agreement: Step-by-Step

Most updates follow this general process:

• Discuss any proposed change and agree it in principle.
• If agreed, put the change in writing, ideally signed by both parties.
• For rent changes, use the required official notice form and respect the minimum notice period.
• If you disagree, you may be able to challenge the change via the Housing and Property Chamber of the First-tier Tribunal for Scotland.

Official Forms and Where to Find Them

• Rent Increase Notice (Form RTM): Your landlord must use the official Rent Increase Notice to Tenant(s) (Form RTM) to propose a rent increase.
  When and how used: The landlord must give you at least three months’ written notice before the increase. If you receive this, you can negotiate or challenge it.
  See official Rent Increase Notice (Form RTM)
• Referral to a Rent Officer (Challenge Form): If you disagree with a rent increase, you can apply to a rent officer to set a fair rent. Use the form provided by the Rent Service Scotland.
  Example: If your landlord gives you a rent increase notice and you think it’s too high, you must challenge it within 21 days.
  Referral information from Rent Service Scotland

The Role of the Tribunal

If a dispute cannot be resolved, you or your landlord can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). They handle disputes over rent, repairs, eviction and other tenancy issues.

Common Scenarios When You Need an Update

Here are scenarios where you might need an update—and the preferred route:

• Adding a new tenant: Draw up a new agreement or amend the old one, signed by all parties.
• Change in rent: Landlord must use the Form RTM, giving at least 3 months' notice.
• Change in property rules or amenities: Both parties must agree and sign the change.
• Landlord details change: Landlord should notify tenants in writing; if the agent changes, provide the new agent's contact in writing.

Most changes require mutual agreement and clear records.

Your Rights When Updating a Tenancy

• A landlord cannot force you to accept changes you don’t agree to (apart from statutory rent increases through proper notice).
• You have the right to challenge a rent increase or any unfair change with the tribunal or a rent officer.
• All tenancy agreements must comply with the Private Housing (Tenancies) (Scotland) Act 2016.

Always read any new agreement or amendment carefully before signing. Ask questions or seek advice if you are unsure.

FAQs on Updating Tenancy Agreements in Scotland

1. Can my landlord change my tenancy agreement without my permission?
   No. Changes must be agreed between you and your landlord, except when the law allows changes (such as a lawful rent increase with proper notice).
2. What notice must my landlord give to increase my rent?
   For a Private Residential Tenancy, at least three months’ written notice using the official Rent Increase Notice (Form RTM).
3. How do I challenge a rent increase I think is unfair?
   Inform your landlord in writing and refer the matter to a rent officer via Rent Service Scotland within 21 days of receiving the rent increase notice.
4. Do I need a new tenancy agreement if I get a new flatmate?
   Usually yes. It’s safest to draw up a new or amended agreement, signed by all parties, to reflect any changes in the household.
5. Where can I get help with disagreements over changes to my tenancy?
   You can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), seek advice from your council's housing team, or contact Shelter Scotland for guidance.

Key Takeaways: Updating Your Tenancy Agreement

• Updates require written agreement between you and your landlord—don’t sign anything you don’t understand.
• Official forms are needed for key changes, such as rent increases (Form RTM).
• Always keep a copy of your new terms and know that you can seek help if you disagree with proposed changes.

Need Help? Resources for Renters

• Scottish Government: Private Renting Information
• First-tier Tribunal for Scotland (Housing and Property Chamber) – For disputes and challenges
• Shelter Scotland: Get Advice
• Your Rights and Responsibilities (Official Notes)
• Check your local council’s housing advice page for area-specific support

---

1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation