The Private Residential Tenancy — core features and how it differs from England
The PRT replaced both Short Assured Tenancies and Assured Tenancies in Scotland from 1 December 2017. Scotland led this reform by over 8 years before England's RRA 2025.
- Open-ended — no fixed term: all PRTs are open-ended from the outset; no initial period; no rolling tenancy; any end date included in the agreement is void
- Statutory written tenancy agreement: Scottish Government model PRT agreement covers mandatory clauses (set by the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017); must be provided before or at tenancy start
- No Section 21 — only 18 statutory grounds: Schedule 3 PHT(S)A 2016 lists all 18 grounds; both mandatory (FTT must order eviction where ground made out) and discretionary (FTT may refuse even where ground established)
- First-tier Tribunal (Housing and Property Chamber): eviction applications under PRT go to FTT — not Sheriff Court; enforcement of FTT eviction order requires Sheriff Court warrant for ejection if tenant does not vacate
- Tenant notice period: 28 days notice from tenant to leave; no minimum occupation period before notice can be given
Landlord eviction grounds — 18 Schedule 3 grounds and notice periods
Scottish landlords must serve a prescribed Notice to Leave specifying one of the 18 statutory grounds before applying to the FTT. Notice periods depend on the ground.
- 28-day notice — fault grounds (mandatory): Ground 1 (rent arrears ≥3 months); Ground 2 (criminal conviction); Ground 3 (antisocial behaviour); Ground 8 (associate convicted of relevant offence)
- 84-day notice — landlord circumstance grounds (most mandatory): Ground 5 (landlord intends to sell within 3 months); Ground 6 (mortgagee in possession); Ground 8 (landlord/family member to occupy); Ground 10 (significant refurbishment); Ground 11 (HMO licence revoked)
- Notice to Leave prescribed form: must use form prescribed by the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017; invalid form = FTT rejection
- FTT enforcement: FTT grants eviction order → tenant fails to vacate → landlord applies to Sheriff Court for warrant for ejection; two-stage process
Scottish Landlord Registration — mandatory before letting
Scottish Landlord Registration under the Antisocial Behaviour etc. (Scotland) Act 2004 is mandatory for all private landlords in Scotland. Separate from English and Welsh requirements.
- Who must register: all private landlords letting residential property in Scotland; register with local council via landlordregistrationscotland.gov.uk; must be registered before granting a PRT; letting without registration is a criminal offence
- Fit and proper person test: local councils can refuse/revoke registration for relevant convictions or unsatisfactory management conduct; registration must be renewed every 3 years
- HMO licensing in Scotland: Civic Government (Scotland) Act 1982; properties occupied by 3 or more unrelated persons must hold an HMO licence (lower threshold than England's 5 persons); 3-year renewal cycle; separate from Scottish Landlord Registration
Rent Pressure Zones and rent review under Scottish PRT
Rent can only be increased once per 12-month period under a PRT. Scotland has a Rent Pressure Zone (RPZ) designation power to cap increases below market level — no RPZ currently active in 2026.
- Annual rent review limit: once per 12-month period; statutory rent increase notice required giving at least 3 months notice; tenant has 21 days to refer to Rent Service Scotland for market rent determination
- Rent Pressure Zones (RPZ): Scottish Ministers can designate areas where annual increases are capped (CPI + defined additional %); no active RPZ designations as of 2026
- Emergency rent cap (2022-2024 — now expired): Cost of Living (Tenant Protection) (Scotland) Act 2022 imposed temporary 0-3% cap and eviction moratorium; fully expired; standard PRT rent review rules apply in 2026
- Rent Service Scotland: adjudicates PRT rent increase challenges; determines open market rent; landlord cannot charge more than Rent Service Scotland determination; decisions appealable to FTT