What Must Be Included in a Tenancy Agreement in Scotland

If you're renting in Scotland, understanding the legal requirements in your tenancy agreement is crucial. A well-written and compliant agreement helps protect both you and your landlord, setting clear expectations from the start. This guide explains what your tenancy agreement must include by law, the forms you should know, and where to get official support — all in plain language.

Understanding Tenancy Agreements in Scotland

Most renters in Scotland will be offered a Private Residential Tenancy (PRT), the standard type of agreement for private landlords and tenants since December 2017. There are other types, but the PRT is the most common for new lets.^[1]

Your tenancy agreement is a written contract that sets out your rights and responsibilities, and those of your landlord. To be legal, it must meet certain requirements set out in Scottish housing law.

Legal Requirements: What Your Tenancy Agreement Must Include

By law, every Private Residential Tenancy agreement in Scotland must include key information and follow certain rules. This is set out in the Private Housing (Tenancies) (Scotland) Act 2016.^[2]

Required Information in a Tenancy Agreement

• The address of the rented property
• The names and addresses of all tenants and landlords
• The start date of the tenancy
• Details of the rent amount, how it’s paid, and when
• Information on the deposit (including deposit protection scheme details)
• An inventory of what comes with the property (e.g., furniture, appliances)
• How the tenancy can be ended, and notice periods
• Landlord’s registration details (must be registered with the local council)
• Energy Performance Certificate (EPC) details
• Repair obligations and procedures

Landlords must also provide tenants with the Easy Read Notes for the Scottish Government's Model Private Residential Tenancy Agreement. If they use a different contract, they still have to give you the private residential tenancy statutory terms supporting notes.^[3]

Official Forms You Might Need

• Model Private Residential Tenancy Agreement: Download the official Scottish Government template. Used when setting up a new tenancy. Provides clarity for both renters and landlords.
• Notice to Leave: The landlord must use this notice (no form number) to end a tenancy. It gives you the minimum notice required by law and explains the reason for ending your tenancy. For more, visit the official Notice to Leave guidance.
• Tenant's Notice to Leave: You (the tenant) must give written notice to leave; there is no specific form, but guidance is provided by the government on acceptable formats. See how to end your tenancy as a tenant.
• Deposit Protection Confirmation: Your landlord must provide written confirmation and scheme details, usually in a letter or receipt, for your deposit. Learn about deposit protection at Scotland's tenancy deposit schemes.

What If Something Is Missing or Incorrect?

If your agreement is missing key information, or your landlord hasn’t given you legally required documents, you have the right to request them in writing. Your landlord must respond within 28 days.^[4]

If you need to challenge incorrect information or request missing documents, keep a record of all correspondence for your own protection.

Your Rights: Extra Protections for Tenants

• You must not be charged illegal fees (such as 'admin' or 'signing' fees, sometimes called 'premiums')
• Your deposit must not be more than two months' rent
• Your landlord must not unfairly restrict your ability to communicate (for example, by omitting their contact address)
• Any terms that attempt to waive your legal rights are not valid

For a summary of your main rights, see the Scottish Government’s statutory terms supporting notes.

Action Steps If You Have Problems With Your Tenancy Agreement

• Ask your landlord, in writing, to correct or provide missing statutory terms or forms
• Contact your local council or First-tier Tribunal for Scotland (Housing and Property Chamber) if you do not get a reply within 28 days
• Seek advice from national helplines or advocacy bodies (see resources below)

Addressing issues early can prevent more serious disputes later on.

Frequently Asked Questions

1. What documents must my landlord give me at the start of a tenancy in Scotland?
   You must receive a written tenancy agreement (usually the Model Private Residential Tenancy), supporting notes on the statutory terms, deposit scheme details, and the Energy Performance Certificate.
2. Is a verbal tenancy agreement legal in Scotland?
   A tenancy agreement can be verbal, but your landlord must provide a written copy if you ask for it. This protects your rights and outlines your obligations clearly.
3. What should I do if my agreement is missing key legal terms?
   Write to your landlord requesting the missing details. If you don't receive a full response within 28 days, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for help.
4. What is the First-tier Tribunal for Scotland (Housing and Property Chamber)?
   It's the official body for resolving disputes between renters and landlords, including issues with tenancy agreements. Learn more on the official tribunal website.
5. Are there any legal limits on my deposit or fees?
   Yes. The deposit cannot be more than two months' rent, and landlords cannot charge extra admin or signing fees.

Conclusion: Key Takeaways for Scottish Renters

• Always check that your tenancy agreement contains all required legal terms and documents
• If anything is unclear or missing, you have the right to request corrections
• For serious issues, the First-tier Tribunal for Scotland offers free help and rulings

Knowing your rights about tenancy agreements in Scotland helps you protect your home and avoid common issues with landlords. Refer to official government resources and seek help early if something isn't right.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Free, independent dispute resolution for tenants and landlords
• Scottish Government Private Renting Information – Guidance on your rights and obligations
• MyGov.Scot Renters’ Rights – Scottish Government advice on tenancies, deposits, and ending agreements
• Citizens Advice Scotland: Private Tenancies – Free advice for renters
• Your local council’s housing department – Offers registration checks and local enforcement

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1. See the Scottish Government’s full guidance on Private Tenancy Reform
2. Legislation: Private Housing (Tenancies) (Scotland) Act 2016
3. See the official Scottish Government supporting notes for tenancy terms
4. Rights to information: Section 30, Private Housing (Tenancies) (Scotland) Act 2016

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