Written Tenancy Agreements in Scotland: Are They Required?

If you're renting a home in Scotland, understanding whether you need a written tenancy agreement is essential. A written agreement can help protect both you and your landlord, making your rights and responsibilities clear from the start. This article explains the legal requirements for written tenancy agreements in Scotland, what should be included, and what you can do if you don't have one—including links to official Scottish Government and tribunal resources.

Tenancy Agreements in Scotland: Written or Verbal?

In Scotland, since 1 December 2017, most new private tenancies are a Private Residential Tenancy (PRT). Under the law, your landlord is required to provide you with a written tenancy agreement and certain key information about your tenancy.

Is a Written Agreement Legally Required?

Yes. The Private Housing (Tenancies) (Scotland) Act 2016 requires landlords to provide all tenants with a written tenancy agreement.

• Landlords must use the Scottish Government's Model Private Residential Tenancy Agreement or create a similar agreement including all legal terms.
• Landlords must also give you the "Easy Read Notes" explaining the terms of the agreement.

If your tenancy began before 1 December 2017, you may have an older type of agreement (such as an assured or short assured tenancy), which may not require a written contract, though written agreements are always recommended.

What if My Landlord Hasn't Given Me a Written Agreement?

If you do not receive a written tenancy agreement, you still have legal rights as a tenant. You should formally request one from your landlord. If the landlord fails to provide a written agreement within 28 days of your request, you can report them to the First-tier Tribunal for Scotland (Housing and Property Chamber).

What Should Be Included in a Written Tenancy Agreement?

• Names of landlord and tenant
• Rent amount, frequency, and payment method
• Deposit details
• Start date of the tenancy
• Notice period and grounds for ending the tenancy
• Repair responsibilities
• Statutory terms set by the Scottish Government (see statutory terms notes)

For more details, see the Scottish Government's official tenancy agreement guidance.

Relevant Official Forms and What They Do

• Model Private Residential Tenancy Agreement
  Use: Most landlords use this standard template to ensure all legal terms are present.
  Download the Model Agreement and Notes
• Tenant referral to First-tier Tribunal (Failure to Provide Written Agreement) (no specific form)
  Use: If your landlord fails to provide a written tenancy agreement, you can apply to the Tribunal for action. Find the process at the Housing and Property Chamber site.
  Example: If your landlord ignores your repeated requests for a written agreement, you fill out an application and submit supporting evidence.

The Tribunal Handling Tenancy Issues in Scotland

The First-tier Tribunal for Scotland (Housing and Property Chamber) handles most tenancy disputes, including those involving written agreements, rent increases, and evictions.

Relevant Legislation

• Private Housing (Tenancies) (Scotland) Act 2016 (governs Private Residential Tenancies)
• Housing (Scotland) Act 1988 (applies to older tenancy types)

Review the details or seek advice if you're unsure about your tenancy status or documents.

1. Do I still have rights if there is nothing in writing?
   Yes. Even if your landlord didn’t give you a written tenancy agreement, you are still protected under Scottish law and have the same rights as if you had one.
2. What should I do if my landlord won't give me a written agreement?
   Request one in writing. If they do not provide it within 28 days, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to enforce your rights.
3. Can my landlord evict me if I ask for a written agreement?
   No. It is illegal for your landlord to evict you for requesting your written tenancy agreement, and this is considered retaliation.
4. Is a verbal agreement valid for a tenancy in Scotland?
   Verbal agreements can still create a tenancy, but your landlord is required by law to provide a written agreement and you can request it at any time.
5. Where can I find the model tenancy agreement?
   You can download the official model tenancy agreement and explanatory notes from the Scottish Government website.

Conclusion: Key Takeaways for Renters

• You have the right to a written tenancy agreement under Scottish law.
• Landlords must use the model agreement or provide all the required terms in writing.
• If your landlord refuses, you can report them to the First-tier Tribunal (Housing and Property Chamber) for Scotland.

Always keep records of your correspondence and seek advice if you have concerns about your agreement or your rights as a renter.

Need Help? Resources for Renters

• MyGov.scot: Tenancy agreement guidance
• Scottish Government housing advice
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland: Free tenant advice

1. Private Housing (Tenancies) (Scotland) Act 2016, Part 2, Section 7
2. mygov.scot: Tenancy Agreements
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Housing (Scotland) Act 1988