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Private Housing (Tenancies) (Scotland) Act 2016

Scotland

Scottish residential lettings have been on a single tenancy — the Private Residential Tenancy — since 2017. Notice to Leave replaces any form of no-fault eviction: every route is grounds-based.

Primary statute
Private Housing (Tenancies) (Scotland) Act 2016 — in force 1 December 2017

All private tenancies granted on or after 1 December 2017 are Private Residential Tenancies (PRTs). There are no fixed terms — a PRT continues until the tenant leaves, dies, or the landlord serves a Notice to Leave on one of the 18 statutory grounds.

  1. When
    1 Dec 2017
    PRT commencement

    All new private residential lets granted on or after this date are PRTs. Pre-existing tenancies under the 1988 Act regime continue until ended.

  2. When
    Ended 31 Mar 2024
    Rent cap regime

    The Cost of Living (Tenant Protection) Act rent cap and eviction protections ended. The standard PRT rules now apply.

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Nine statutory terms

The Scottish Government prescribes 9 statutory terms that must appear in the written tenancy statement verbatim. Our PRT template has them embedded and highlighted.

Notice to Leave

Scotland has no Section 21 equivalent. Every possession claim uses a Notice to Leave on one of the 18 Schedule 3 grounds — notice periods vary from 28 days to 84 days depending on the ground and tenancy length.

Housing and Property Chamber

The First-tier Tribunal (Housing and Property Chamber) handles every PRT dispute — deposit, rent, eviction. Our templates follow the Chamber's pre-action expectations.

Must do

  • Issue the written tenancy statement including the 9 statutory terms at the start of a PRT
  • Register as a landlord with the local authority before letting
  • Protect the deposit in SafeDeposits, Letting Protection Service Scotland or MyDeposits Scotland within 30 working days
  • Serve a Notice to Leave citing a Schedule 3 ground — no-fault eviction does not exist
  • Include the tribunal application address and deadlines in the Notice

Don't do

  • Offer a fixed-term PRT — the legal construct doesn't exist
  • Serve an AT6 form (the old regime) — it only applies to pre-2017 assured tenancies
  • Increase rent more than once in a 12-month period
  • Increase rent without giving at least 3 months' notice via the prescribed form
  • Charge a premium or fee — illegal under the Rent (Scotland) Act 1984

Scotland templates

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Notices

NoticeLive now

Rent Increase Notice (Scotland)

PRT rent-increase notice with the three-month statutory window, 12-month interval check and Rent Service Scotland referral pathway. Flags whether the property sits within a designated rent control area under the Housing (Scotland) Act 2025.

£19
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NoticeLive now

Notice to Leave (with grounds)

A Notice to Leave is the first procedural step to recovering possession of a Private Residential Tenancy in Scotland. It must cite at least one of the 18 statutory grounds in Schedule 3 of the 2016 Act, give the correct notice period (28 days if the tenancy is under 6 months or if the ground is tenant-default, 84 days otherwise), and be served using a method that proves receipt. This pack gives you the correct form pre-populated against your chosen ground, plus the evidence grid the First-tier Tribunal (Housing and Property Chamber) will expect if you have to apply for an eviction order.

£19
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NoticeLive now

Pre-Action Rent Arrears Pack (Scotland)

The First-tier Tribunal (Housing and Property Chamber) expects Scottish landlords to demonstrate genuine engagement with a tenant in arrears before seeking an eviction order on Ground 12. This pack runs that engagement for you: a three-letter escalation sequence, an affordability questionnaire, a Universal Credit housing-cost referral, and a contemporaneous log the Tribunal will accept as evidence. Used correctly it both discharges the pre-action expectations and materially improves the odds of recovering the arrears without eviction.

£14.99
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FAQ — Scotland

What is a Private Residential Tenancy?

A PRT is the single form of private residential tenancy in Scotland since 1 December 2017. It is always open-ended (no fixed term), can be ended by the tenant giving 28 days' notice at any point, or by the landlord serving a Notice to Leave on a Schedule 3 ground.

Can I ask my tenant to leave without a reason?

No. Scotland has never had a no-fault mechanism for PRTs. Every Notice to Leave must cite one of the 18 Schedule 3 grounds (sale, landlord intends to occupy, substantial refurbishment, breach, rent arrears, anti-social behaviour, etc.). Our Notice to Leave template walks you through every ground and the correct notice period.

How do I increase rent on a PRT?

Serve a rent-increase notice using the prescribed form at least 3 months before the increase takes effect. The tenant can refer it to a Rent Officer (Rent Service Scotland) if they think the proposed rent is above market. Rent can only be increased once every 12 months. Our Rent Increase template handles the form, the timing and the tribunal path.

Do I need to register with a local authority?

Yes. Every Scottish landlord must be on the Scottish Landlord Register for each local authority where they let property. It's a public register maintained under the Antisocial Behaviour (Scotland) Act 2004 Pt 8. Registration is at landlordregistrationscotland.gov.scot — we can't do it for you.

What about the rent cap?

The Cost of Living (Tenant Protection) (Scotland) Act 2022 temporary rent cap and eviction protections ended on 31 March 2024. Since then, standard PRT rules apply — rent increases once per year, subject to the Rent Officer referral route. Our template reflects the current position.

Not in Scotland?

Tenancy law is set at national level. Pick your jurisdiction to see the right documents.