Housing (Scotland) Act 2025 — What Landlords Need to Know

The Housing (Scotland) Act 2025 received Royal Assent in 2025 and introduces two significant changes to the Private Residential Tenancy (PRT) framework created by the Private Housing (Tenancies) (Scotland) Act 2016. Both changes come into force on 6 October 2026 under SSI 2026/115, Part 3. Scottish landlords should act now to update their procedures before the October deadline.

Change 1 — Succession qualifying period cut to 6 months (s.48)

Section 48 of the Housing (Scotland) Act 2025 amends the succession provisions of the 2016 Act to reduce the qualifying period from 12 months to 6 months. A person qualifies to succeed to a PRT if they lived with the tenant as their only or principal home for at least 6 months immediately before the tenant's death (down from 12 months).

• Partner succession (s.67 of the 2016 Act as amended): The tenant's spouse, civil partner, or cohabitant qualifies as a 'partner successor' if they lived with the tenant as their only or principal home for at least 6 months before death. Partners have first priority in the succession hierarchy
• Family member succession (s.68 of the 2016 Act as amended): A family member (child, parent, sibling, grandparent, grandchild, or other person in a prescribed relationship) qualifies if they lived with the tenant for at least 6 months before death. Family members have second priority — they can only succeed if there is no qualifying partner
• Carer succession (s.69 of the 2016 Act as amended): A person who provided care for the tenant qualifies if they lived with the tenant for at least 6 months before death and the tenancy is their only or principal home. Carers have third priority — they can only succeed if there is no qualifying partner or family member
• Priority order: Only one person can succeed to a PRT. Where there are multiple potential successors, the priority order is: partner first, then family member, then carer. Where there are multiple claimants in the same category, the landlord should seek guidance from the First-tier Tribunal (Housing and Property Chamber)
• Transitional provision: The 12-month qualifying period continues to apply where the tenant died before 6 October 2026. The 6-month period applies to deaths occurring on or after 6 October 2026

What landlords must do when a succession claim arises

• Verify the qualifying period: From 6 October 2026, confirm that the proposed successor lived at the property for at least 6 months immediately before the tenant's death — not the old 12-month period. Request evidence: tenancy correspondence, council tax records, Royal Mail redirections, or utility bills showing the property as their address
• Check priority: If more than one person claims succession, apply the priority order (partner > family member > carer). Ask the claimants to confirm their category and provide supporting documentation
• Update your tenancy records: Where a valid succession occurs, the successor becomes the tenant under the existing PRT on the same terms. Notify your insurer and update your records to reflect the new tenant
• Serve a new Written Statement of Terms: Although the PRT terms carry over on succession, good practice and emerging landlord guidance suggest serving an updated Written Statement of Terms confirming the successor as tenant and the current rent
• Seek Tribunal guidance if disputed: Where succession is contested (multiple claimants, or you dispute whether the qualifying conditions are met), apply to the First-tier Tribunal (Housing and Property Chamber) for a determination rather than making a unilateral decision

Change 2 — Wrongful termination orders: new award range 3× to 36× (s.34)

Section 34 of the Housing (Scotland) Act 2025 increases the financial award a First-tier Tribunal (Housing and Property Chamber) can make against a landlord for wrongful termination of a PRT. From 6 October 2026, the award range is a minimum of 3 times and a maximum of 36 times the 'relevant sum'.

Calculating the relevant sum

• Definition: The relevant sum is the higher of the monthly rent for the property or £840. Scottish Ministers may adjust the £840 floor by order
• Example — rent below £840: If the monthly rent is £600, the relevant sum is £840 (£840 > £600). The wrongful termination order range is £2,520 (3 × £840) to £30,240 (36 × £840)
• Example — rent above £840: If the monthly rent is £1,000, the relevant sum is £1,000 (£1,000 > £840). The wrongful termination order range is £3,000 (3 × £1,000) to £36,000 (36 × £1,000)
• Example — higher rent: If the monthly rent is £1,500, the relevant sum is £1,500. The wrongful termination order range is £4,500 to £54,000

When wrongful termination occurs

A wrongful termination occurs under the PRT regime where a landlord uses a repossession ground fraudulently or in bad faith — for example, serving a Notice to Leave on the ground that the landlord intends to sell the property, but then continuing to let it to a new tenant. The most commonly cited wrongful termination scenarios are:

• Landlord intention to sell (Ground 1): Stating the property will be sold but then reletting — the new higher awards make this particularly risky
• Landlord or family member to occupy (Ground 2): Claiming the property is needed for personal occupation but then letting to someone else
• Refurbishment (Ground 5): Claiming substantial refurbishment works are planned but no works are carried out
• Wrongful Notice to Leave service: Serving a Notice to Leave citing grounds that do not genuinely apply, causing the tenant to leave
• Harassment or illegal eviction: Forcing a tenant to leave through harassment or unlawful means constitutes wrongful termination even if no formal notice is served

Protecting yourself against wrongful termination claims

• Only cite grounds you can substantiate: Before serving a Notice to Leave, confirm that the cited ground genuinely applies and that you can provide evidence if challenged
• Document your intention: For grounds based on future plans (sale, occupation, refurbishment), create a contemporaneous paper trail — estate agent instruction, solicitor correspondence, architect's drawings, or contractor quotes
• Follow through on your stated plans: If you serve a Notice to Leave on the basis of selling, actually sell (or genuinely attempt to sell). If you decide not to proceed, seek legal advice before reletting
• Do not relet for at least 12 months: Even where termination was genuine, reletting quickly may invite a wrongful termination allegation. Wait before reletting and document why the circumstances changed if you do relet
• Use a solicitor for disputed terminations: Given the new maximum award of 36× the relevant sum, contested PRT terminations carry very significant financial risk. Take Scottish housing law advice before serving a Notice to Leave where the ground might be challenged

LetSafe Scotland documents

• Private Residential Tenancy Agreement (LS-S-001): Scotland-compliant PRT agreement for all new Scottish private residential lettings — includes succession and repair obligations consistent with the current statutory requirements
• Notice to Leave (LS-S-011): The statutory Notice to Leave under the Private Housing (Tenancies) (Scotland) Act 2016 — correct ground and notice period guidance for all 18 PRT repossession grounds
• Rent Arrears Pack Scotland (LS-S-012): Documentation for rent arrears grounds (Ground 12) under the PRT, including pre-notice communication templates and the Notice to Leave