What Happens When Your Fixed-Term Tenancy Ends in Scotland?

If your fixed-term tenancy agreement in Scotland is ending soon, you might be wondering if you can keep living in your home – and what your rights are if your landlord hasn’t asked you to leave. The rules depend on the type of tenancy you have and what actions you or your landlord take as the fixed period closes.

Understanding Fixed-Term Tenancies in Scotland

Most renters in Scotland today have a Private Residential Tenancy (PRT), introduced by the Private Housing (Tenancies) (Scotland) Act 2016^[1]. PRTs are open-ended; they do not have a fixed term and continue until either the tenant or landlord ends them through the proper legal process.

Some renters may still have an older Short Assured Tenancy (SAT) or Assured Tenancy, usually if it began before December 1, 2017. These may have a fixed term set out in the agreement.

Will I Have to Leave When the Fixed Term Ends?

In most situations, you do not have to leave automatically when the fixed term ends. Here’s what typically happens:

• If you have a Private Residential Tenancy: PRTs do not end after a fixed period. You can remain unless you give notice or the landlord serves you a valid eviction notice.
• If you have a SAT or Assured Tenancy: The tenancy becomes a periodic (rolling) tenancy if neither you nor your landlord end it at the term’s expiry. You can usually carry on living there under the same terms and conditions.

Your landlord must always follow the correct legal process to end your tenancy – they cannot simply tell you to leave at the end of a fixed term.

Notice and Forms Required for Ending a Tenancy

To end a tenancy in Scotland, there are formal steps and official forms to use, depending on the tenancy type:

Ending a Private Residential Tenancy (PRT)

• If you want to leave: You must give your landlord at least 28 days’ notice in writing. There’s no official government form for this, but it's a good idea to use a template or keep a record of your notice. More guidance is on the mygov.scot Ending your tenancy page.
• If your landlord wants to end the tenancy: They must serve you a Notice to Leave (no official form number).
  Example: Your landlord wishes to sell the property and serves you a Notice to Leave stating the reason (ground) for ending the tenancy and giving the correct notice period (usually 28–84 days depending on your circumstances).

Ending a Short Assured or Assured Tenancy

• For SAT or Assured Tenancy: Your landlord usually needs to serve a Notice to Quit (no standard government form but must be in writing) and, if seeking possession under a specific ground, may also use an AT6 Notice (Form AT6).
  Example: If the landlord wishes to end your tenancy due to rent arrears, they must give you a valid Notice to Quit and serve a Form AT6, stating the relevant ground for possession.

What If I Just Keep Paying Rent After the Fixed Term?

If you stay beyond the fixed term and neither you nor your landlord formally end the tenancy, you usually become a ‘statutory periodic tenant’. You keep the same rights and responsibilities as before and must continue paying rent on time.

Disputes and Tribunal Support

If you disagree with a notice to leave or believe your landlord is trying to evict you unfairly, you can challenge this at the First-tier Tribunal for Scotland (Housing and Property Chamber). This is the official body that handles tenancy and eviction disputes in Scotland.

Key Action Steps for Renters

• Check your tenancy agreement to confirm your tenancy type.
• Do not leave your home or stop paying rent unless you’ve formally ended your tenancy or received a valid notice from your landlord.
• Keep copies of all written communications and notices.
• If you need more time or disagree with a notice, seek advice from a free service before responding.

As a renter, you are protected by law and cannot be evicted without proper notice and, if needed, a tribunal order.

FAQs about Staying After Fixed Term Ends in Scotland

1. Can my landlord make me leave right after the fixed term ends?
   No, your landlord cannot make you leave simply because the fixed term has ended. They must serve you a valid notice and follow the legal process.
2. Do I have to sign a new agreement if I stay?
   Not usually. If your tenancy continues after the fixed term, it either becomes periodic (for SAT/Assured) or continues as a PRT. The original terms carry on unless you both agree to new terms.
3. What notice must my landlord give to end my tenancy?
   For a PRT, they must serve a ‘Notice to Leave’ stating the legal grounds and correct notice period. For older tenancies, a Notice to Quit and Form AT6 may apply.
4. Is there any form I need to use if I want to move out?
   No official form is required for tenants, but you must give your landlord notice in writing – typically 28 days for a PRT. Templates and further guidance are on mygov.scot.
5. Who can help if I feel my landlord isn’t following the rules?
   You can contact the First-tier Tribunal for Scotland (Housing and Property Chamber) or a renters’ advice service such as Shelter Scotland.

Summary: What to Remember

• You do not have to move out automatically when a fixed-term ends in Scotland.
• Proper legal notice and process are always required to end your tenancy.
• Support is available if you need help understanding notices or your rights.

If your fixed-term tenancy is ending soon, knowing your rights will help you feel more secure and make the best decisions for your housing situation.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles eviction and tenancy disputes.
  Phone: 0141 302 5900
• mygov.scot: Ending your tenancy – official government advice and notice guidance
• Shelter Scotland – free, confidential advice and support for renters
• Private Residential Tenancy statutory terms – details on your rights and responsibilities

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

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