Landlord Guide to Renting in Scotland

Since 1 December 2017, all new private-sector tenancies in Scotland must be Private Residential Tenancies (PRTs) under the Private Housing (Tenancies) (Scotland) Act 2016. The Scottish Government publishes a model tenancy agreement that landlords are required to use.

• The PRT has no fixed end date—it continues until the tenant gives 28 days' notice or the landlord establishes one of the 18 statutory eviction grounds (2016 Act, s. 50–51)
• Landlords must provide a written tenancy agreement using the prescribed model PRT form (Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017)
• The model agreement includes mandatory and discretionary clauses; mandatory clauses cannot be altered
• Landlord registration with the local authority under the Antisocial Behaviour etc. (Scotland) Act 2004, Part 8 is required before letting a property

Tenancy deposits in Scotland must be protected in an approved tenancy deposit scheme within 30 working days of the tenancy start date. The Tenancy Deposit Schemes (Scotland) Regulations 2011 set out the requirements.

• Approved schemes: SafeDeposits Scotland, Letting Protection Service Scotland, and mydeposits Scotland
• The deposit must be lodged within 30 working days of the start of the tenancy (2011 Regulations, reg. 3)
• There is no statutory cap on the deposit amount, though demanding an unreasonable deposit could be challenged
• Failure to protect a deposit may result in the First-tier Tribunal ordering the landlord to pay up to 3 times the deposit amount to the tenant (2011 Regulations, reg. 10)

Scottish landlords must provide a number of documents and certificates at the start of the tenancy. The Easy Read Notes for the model PRT set out the key information tenants must receive.

• A valid Energy Performance Certificate (EPC) rated E or above (Energy Efficiency (Private Rented Property) (Scotland) Regulations 2020)
• An annual Gas Safety Certificate (CP12) (Gas Safety (Installation and Use) Regulations 1998)
• An Electrical Installation Condition Report (EICR) dated within the last 5 years (Housing (Scotland) Act 2006, s. 13(4A))
• A legionella risk assessment for the property
• The tenant information pack (Easy Read Notes) provided with the model PRT agreement

Rents are freely agreed between landlord and tenant at the start of the tenancy. However, Scotland has introduced rent control mechanisms through Rent Pressure Zones (RPZ) and emergency rent caps.

• The tenancy agreement must state the rent amount, payment frequency, and method of payment
• Local authorities may apply to the Scottish Ministers to designate a Rent Pressure Zone, capping in-tenancy rent increases in that area (2016 Act, ss. 33–40)
• The Cost of Living (Tenant Protection) (Scotland) Act 2022 introduced temporary emergency rent caps, limiting in-tenancy increases
• Landlords may not charge premiums or non-refundable fees for granting a tenancy (Rent (Scotland) Act 1984, s. 82)

Landlords must ensure the property meets the Repairing Standard set out in the Housing (Scotland) Act 2006, ss. 13–14. Tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if the landlord fails to carry out necessary repairs.

• The property must be wind and watertight, with structure, exterior, and installations in reasonable repair (Housing (Scotland) Act 2006, s. 13(1))
• Installations for water, gas, electricity, sanitation, space heating, and water heating must be in reasonable repair and working order
• The property must meet the tolerable standard under the Housing (Scotland) Act 1987, s. 86
• Tenants can apply to the First-tier Tribunal if a landlord fails to meet the Repairing Standard (Housing (Scotland) Act 2006, s. 22)

Scottish law does not grant landlords an automatic right of entry. Access must be arranged with the tenant and reasonable notice given. The model PRT agreement includes a clause requiring at least 48 hours' notice for non-emergency access.

• Give at least 48 hours' notice for routine inspections or repairs (as specified in the model PRT)
• Access should be arranged at a reasonable time with the tenant's consent
• In an emergency (e.g. burst pipe, gas leak), the landlord may enter without notice to prevent damage or danger

Under the PRT, landlords may increase rent no more than once every 12 months by serving a rent-increase notice in the prescribed form, giving at least 3 months' written notice (2016 Act, s. 22).

• At least 3 months' written notice of a rent increase must be given using the prescribed form (2016 Act, s. 22)
• Rent can only be increased once in any 12-month period
• The tenant can refer the increase to a Rent Officer, who will determine the open-market rent (2016 Act, s. 24)
• In a designated Rent Pressure Zone, increases are capped at CPI + 1% (or a lower cap set by the local authority) (2016 Act, s. 33)

A PRT can only be ended by the tenant giving notice or by the landlord applying to the First-tier Tribunal on one of the 18 grounds in Schedule 3 of the 2016 Act. The landlord cannot simply 'end' the tenancy by giving notice alone.

• Tenant's notice: 28 days' written notice at any time, with no reason required (2016 Act, s. 48)
• Landlord's notice (grounds 1–8, mandatory/discretionary): at least 28 days if the tenancy has lasted less than 6 months, or 84 days if 6 months or more (2016 Act, s. 54(2))
• For rent arrears (grounds 12–12A), the notice period depends on how long the tenancy has existed and the amount of arrears
• The notice must be in the prescribed form and specify the eviction ground(s) relied upon

After serving the required notice, a landlord who wishes to recover possession must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. It is a criminal offence to evict without an order.

• Applications are made to the First-tier Tribunal (Housing and Property Chamber), not the sheriff court
• For mandatory grounds (grounds 1–8), the Tribunal must grant an eviction order if the ground is established
• For discretionary grounds (grounds 9–18), the Tribunal will consider whether it is reasonable to grant the order
• Unlawful eviction is a criminal offence under the Rent (Scotland) Act 1984, s. 22, and landlords may face prosecution

At the end of the tenancy, the landlord must agree the deposit return with the tenant. The deposit scheme must be notified of the tenancy end and any proposed deductions.

• The landlord should carry out a check-out inspection and provide an itemised schedule of any proposed deductions
• Deductions may only be made for rent arrears, damage beyond fair wear and tear, or other breaches permitted under the tenancy agreement
• If both parties agree, the scheme releases the deposit accordingly; disputes are resolved through the scheme's free adjudication service
• The adjudicator's decision is binding; either party may appeal to the First-tier Tribunal on a point of law