Your Rights Without a Written Tenancy Agreement in Scotland

It's a common worry for renters in Scotland: what if you never received a written tenancy agreement, or can’t find one? If you're renting, but there is no signed tenancy agreement, it can feel uncertain—especially if issues arise over rent, repairs, or eviction. The good news is, in Scotland you still have strong renter protections, even when you don't have a formal written contract.

Is a Written Tenancy Agreement Legally Required in Scotland?

Since December 2017, most private tenancies in Scotland are called "private residential tenancies" (PRT), governed by the Private Housing (Tenancies) (Scotland) Act 2016. By law, every tenant is entitled to a written tenancy agreement.

• If you moved in after 1 December 2017, you almost certainly have a private residential tenancy—even if you didn’t sign anything.
• Landlords must provide a written agreement and certain "easy-read notes". If not, you can request one in writing.

However, an unwritten agreement is still legally binding—your rights as a renter do not disappear.

What Happens If There’s No Tenancy Agreement?

You are still a tenant by law if you pay rent and live in the property with the landlord's permission. Your tenancy rights exist from the moment you move in, even without paperwork.

Key Rights You Still Have

• Protection from unfair eviction or sudden rent increases
• Right to repairs and safe living conditions
• Deposit protection requirements

If your landlord refuses to provide a written agreement, you may be due compensation and can involve the official tribunal (see below for steps).

What If a Dispute Arises?

Without a written agreement, disputes can be trickier, but Scottish law protects you:

If Your Landlord Won't Provide a Written Agreement

1. Write to your landlord asking for a written agreement and the prescribed information.
2. If not provided within 28 days, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Official Form: Referral to the Tribunal

• Form: Application under Rule 111
  When to use: If the landlord fails to give you a written agreement after a written request.
  Example: You've lived in your flat for six months, repeatedly asked your landlord for a written contract, and they have ignored you. You can fill in the Application under Rule 111 and submit it to the Tribunal.

The Tribunal can order your landlord to provide a written agreement and may also award you up to three months’ rent in compensation.

Eviction or Rent Increases Without an Agreement

Landlords must still follow all legal processes, even if there is no written agreement:

• Eviction: A landlord can only end your tenancy by giving you proper notice and (if you don’t leave) getting an eviction order from the First-tier Tribunal for Scotland.
• Rent increases: Landlords must give at least three months' written notice on the official "Rent Increase Notice to Tenant(s)—PRT" form. You can challenge a rent increase via the Tribunal.

An absence of a contract does not mean your landlord can change the rules or evict you more easily.

Deposit Protection Still Applies

Any deposit taken must be registered in an approved tenancy deposit scheme. You can check your deposit status and challenge unprotected deposits by contacting services listed below or by submitting a complaint.

Summary and Next Steps

Even without a written tenancy agreement in Scotland, your renting rights are robust and protected by law. If issues arise, you can request the correct documents and seek help via the Tribunal or housing services.

Frequently Asked Questions

1. What rights do I have if there is no written agreement?
   Even without a written agreement, you have all statutory rights as a tenant in Scotland, including protection against unfair eviction, the right to safe housing, and the ability to challenge rent or deposits.
2. How do I ask my landlord for a written tenancy agreement?
   Send a written request (letter or email). If they do not supply one within 28 days, you can apply to the First-tier Tribunal for Scotland for action.
3. Can my landlord evict me without a written tenancy agreement?
   No. They must follow the legal eviction process and obtain an eviction order from the First-tier Tribunal, regardless of whether there is a written agreement.
4. What if my deposit wasn't protected?
   Your landlord is legally required to protect your deposit, even without a written contract. If not, you can apply to the Tribunal for a penalty against your landlord.
5. Where do I take complaints about my landlord in Scotland?
   Most tenancy-related complaints, including about missing agreements or deposits, go to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Key Takeaways for Scottish Renters

• Your renter rights are protected by law, even without a written agreement
• You can request a written tenancy agreement and seek compensation if your landlord fails to provide one
• The First-tier Tribunal for Scotland is the official tribunal for tenancy disputes

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles tenancy disputes and applications
• mygov.scot Tenancy Agreements – official government tenant guidance
• Shelter Scotland – free advice on renting rights
• Citizens Advice Scotland – impartial, confidential housing advice
• Scottish Government – Private Renting – official policy and reform info

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber) – Apply
3. Requesting a tenancy agreement – mygov.scot
4. Shelter Scotland: No Written Tenancy Agreement

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