When Can a Landlord Change a Tenancy Agreement in Scotland?

Understanding if and how your landlord can change the terms of your tenancy in Scotland is crucial for protecting your renter rights. With national rules designed to provide security for tenants, it’s important to know when tenancy changes are permitted, what notice you must receive, and how you can challenge any unfair changes. This practical guide explains the process for renters in Scotland, focusing on the main types of agreements and the relevant legislation.

Which Tenancy Types Apply in Scotland?

Most renters in Scotland today have a Private Residential Tenancy (PRT), introduced under the Private Housing (Tenancies) (Scotland) Act 2016. Short Assured or Assured Tenancies, governed by the Housing (Scotland) Act 1988, still apply to some older tenancies but are no longer issued for new lets.

• Private Residential Tenancy (PRT): Most common for new tenancies from December 2017 onwards.
• Assured or Short Assured Tenancy: Issued before December 2017.

For the majority of renters, the PRT rules outlined below will apply.

Can a Landlord Change Tenancy Terms in Scotland?

Generally, landlords in Scotland cannot change the terms of your tenancy agreement unless you agree, except for certain allowed changes such as rent reviews. Let’s break down how this applies:

Changing Core Tenancy Terms

• Any significant change (like notice periods, allowed occupants, or responsibilities) usually requires your written agreement.
• Landlords must not change terms just by informing you or adding new rules. You are not obliged to accept unless you wish to.
• For Private Residential Tenancies, the official PRT terms as set by law take priority over any private changes not mutually agreed.

Rent Increases – Special Process

Your rent can be changed, but there is a strict legal process. For PRTs:

• Your landlord can increase rent once every 12 months by giving you at least 3 months’ written notice.
• The notice must use the official Rent Increase Notice to Tenant(s) (Form RPZ1).

Other Changes (Maintenance, Repairs, House Rules)

• Your landlord remains responsible for repairs and cannot shift this to you through new terms.
• House rules (like pets, smoking) can only be changed with your agreement and should be clearly written into the agreement.

Required Notice and Official Forms

If your landlord wishes to propose a change—such as a rent increase or otherwise—they must follow the correct procedures:

• Rent Increase Notice to Tenant(s) (Form RPZ1): Used to officially increase rent. Must be given at least 3 months in advance. Official form and guidance here.
  • Example: If your landlord wants to raise the rent in July, they must provide Form RPZ1 before April.

If you wish to challenge a rent increase, you must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) before the new rent is due to start. Guidance on challenging rent increases can help you with this process.

Where to Take Disputes

• First-tier Tribunal for Scotland (Housing and Property Chamber) handles all formal disputes about tenancy terms, rent increases, and other issues for private rentals.

Your Rights and Consent

Landlords cannot force a renter to accept a new tenancy agreement or changes to core terms mid-tenancy. You have the right to:

• Refuse any changes to the agreement that are not legally required.
• Request repairs and expect your landlord to fulfil their legal duties, regardless of proposed changes.
• Challenge a rent increase you believe is unfair through the Tribunal.

Remember: Never sign a new agreement or accept changes unless you’re satisfied, and seek advice if you’re unsure of your rights.

Action Steps if You’re Facing Unwanted Changes

• Ask for any proposed changes in writing for your records.
• Compare the proposal against your existing agreement and PRT statutory terms.
• If you disagree with rent increases, respond using the process set out in the Form RPZ1 notice and apply to the Tribunal if needed.
• Contact a tenants’ advice service or consult the local council if you feel pressured or unsure about new terms.

Frequently Asked Questions

1. Can my landlord change my tenancy agreement without my consent?
   No. In Scotland, landlords generally need your agreement to change tenancy terms, except where the law permits specific changes like rent reviews following the proper process.
2. How often can a landlord increase the rent?
   Once every 12 months, and only with at least 3 months' notice using the official Rent Increase Notice to Tenant(s) (Form RPZ1).
3. What can I do if a landlord tries to change terms unfairly?
   You can refuse to accept changes and seek help from a tenants' advice service. If you receive a rent increase you believe is unfair, challenge it with the First-tier Tribunal for Scotland (Housing and Property Chamber).
4. What official body handles tenancy disputes in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) is responsible for residential tenancy disputes.
5. Do I have to accept new house rules like a ‘no pets’ policy?
   Not unless you agree to the change and sign a new agreement. Existing terms remain unless both you and your landlord consent to change.

Conclusion

• Landlords in Scotland cannot unilaterally change tenancy agreement terms without your agreement, except for rent increases following the correct legal process.
• Your rights are protected by the Private Housing (Tenancies) (Scotland) Act 2016. Always check official forms and seek help if unsure.
• If in doubt, contact the First-tier Tribunal or a tenants’ support organisation—never sign or agree to changes you don’t understand.

Need Help? Resources for Renters

• mygov.scot: Renting your own place – Official government advice and guides
• Citizens Advice Scotland – Private Renting Advice
• First-tier Tribunal for Scotland (Housing and Property Chamber) – For disputes about rent, tenancy terms, and more
• Scottish Government: Private Renting Tenancy Forms – For all official forms

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Rent Increase Notice to Tenant(s) (Form RPZ1)
5. Private Residential Tenancy Statutory Terms

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