Section 48 of the Housing (Scotland) Act 2025 (SSI 2026/115, Part 3) reduces the PRT succession qualifying period from 12 months to 6 months. The change applies to deaths occurring on or after 6 October 2026. Update your succession assessment process now.
What is PRT succession?
When a Scottish Private Residential Tenancy (PRT) tenant dies, certain qualifying individuals who lived with the tenant have the right to succeed to (take over) the tenancy. Succession is a statutory right under Schedule 1 to the Private Housing (Tenancies) (Scotland) Act 2016, as amended. The successor steps into the shoes of the deceased tenant on the same terms and conditions — rent, obligations, and PRT framework all remain unchanged.
Who can succeed — the three categories
- Partner (s.67 as amended): The tenant's spouse, civil partner, or cohabitant. 'Cohabitant' is interpreted broadly and does not require a formal relationship — long-term partners who lived together qualify. The partner must have lived at the property as their only or principal home for at least 6 months (from 6 Oct 2026) immediately before the tenant's death
- Family member (s.68 as amended): A person related to the tenant by blood, adoption, or marriage — specifically child (including stepchild), parent (including step-parent), sibling, grandparent, grandchild, or any person in a prescribed relationship. The family member must have lived at the property as their only or principal home for at least 6 months immediately before death. Family members take priority only if there is no qualifying partner
- Carer (s.69 as amended): A person who provided personal care for the tenant and who lived at the property as their only or principal home for at least 6 months immediately before death. Carers take priority only if there is no qualifying partner or family member
The qualifying period: 12 months reduced to 6 months
| Date of tenant's death | Qualifying period required |
|---|---|
| Before 6 October 2026 | 12 months of continuous residence at property |
| On or after 6 October 2026 | 6 months of continuous residence at property |
The 6-month period must be continuous and must end immediately before the tenant's death. A person who moved out of the property more than a few days before death, except for a very short and explicable absence, may not qualify. Temporary absences for medical treatment, work, or similar reasons are unlikely to break continuity.
Landlord obligations when a succession claim arises
- Receive the claim — obtain written notification from the person claiming succession as soon as possible after the tenant's death. The claim should identify the claimant's relationship to the tenant and state that they lived at the property as their only or principal home
- Verify the qualifying period — request evidence that the claimant lived at the property for at least 6 months (from 6 Oct 2026) before death. Acceptable evidence: council tax records, utility bills, bank statements, NHS correspondence, or official mail addressed to the property in the claimant's name
- Apply the priority order — if more than one person claims succession, confirm which category they fall into and apply the priority order: partner > family member > carer. Only one person can succeed
- Update your tenancy records — once a valid succession is confirmed, update your records to show the successor as the new tenant. Notify your buildings insurer that the named tenant has changed
- Serve an updated Written Statement of Terms — issue an updated Written Statement of Terms showing the successor as tenant, the current rent, and any other terms of the PRT
- Handle any dispute via the Tribunal — if you dispute whether succession conditions are met, or if multiple claimants cannot agree, apply to the First-tier Tribunal (Housing and Property Chamber) for a formal determination
Evidence checklist for succession verification
- Council tax records showing the claimant as a resident at the property for the qualifying period
- Utility bills (gas, electricity, water, broadband) addressed to the claimant at the property
- Bank statements showing the property address as the claimant's address
- NHS or GP registration records listing the property as the claimant's address
- Official government correspondence (HMRC, DWP, electoral roll) showing the property as the claimant's address
- A witnessed statutory declaration by the claimant confirming residence for the qualifying period
Can a landlord end a succession tenancy?
Yes — but the successor acquires the full rights of a PRT tenant. The landlord cannot serve a Notice to Leave simply because succession has occurred. To end the successor's tenancy, the landlord must use one of the 18 PRT repossession grounds in Schedule 3 to the 2016 Act, give the required notice, and (where the successor contests the ground) obtain a Tribunal determination. The new wrongful termination order range (3× to 36× the relevant sum, from 6 October 2026 under s.34 of the 2025 Act) applies equally to succession tenancies.
LetSafe Scotland documents for succession situations
- Private Residential Tenancy Agreement (LS-S-001): Compliant PRT agreement — where a successor wishes to sign a new tenancy agreement (they are not obliged to, as succession is statutory), this document creates a fresh PRT on agreed terms
- Notice to Leave (LS-S-011): Where the landlord has genuine grounds to seek possession of the property after succession, the Notice to Leave is the required statutory notice — correct ground and notice period guidance included