Scope: Scotland. Cited to Scottish instruments throughout. The Private Residential Tenancy is a creature of the Private Housing (Tenancies) (Scotland) Act 2016 and exists nowhere else in the United Kingdom.
Our compliance check now covers Scotland, and so does the fine calculator. Enter a Scottish postcode and both answer in Scots law, cited to Scottish instruments — the check with your council’s registration and HMO position where we hold it, the calculator with the Scottish maximum for each offence and, where the consequence is not a fine, what it actually is. Still England and Wales only: the tenancy agreement checker, whose findings come from England and Wales statutes.
What it is
Since 1 December 2017, almost every new private let in Scotland has been a Private Residential Tenancy (PRT). It is not a variant of an assured tenancy and it is not an English concept with a Scottish name — it is a distinct statutory tenancy created by the Private Housing (Tenancies) (Scotland) Act 2016.
A tenancy is a PRT under section 1 where the property is let as a separate dwelling, the tenant occupies it as their only or main home, and the tenancy is not excluded by Schedule 1. You cannot opt out of it. If the section 1 conditions are met, it is a PRT whatever the paperwork says.
Three things that make it different
1. It is open-ended
A PRT has no fixed term and no end date. There is no expiry to work towards and no concept of the tenancy “running out”. A landlord cannot grant a six-month PRT; the attempt simply produces an open-ended tenancy.
2. There is no no-fault ground
The tenancy ends when the tenant leaves, or when the First-tier Tribunal makes an eviction order on one of the eighteen grounds in Schedule 3. There is nothing corresponding to a notice that requires no reason at all.
Scotland did this in December 2017. It is worth stating the chronology plainly, because the usual framing gets it backwards: Scotland abolished the no-fault route years before the equivalent change in England, and the Scottish regime is the older of the two, not a copy of it.
3. The tenant can leave on 28 days’ notice
Under section 48, a tenant may end a PRT by giving notice, with 28 days the default period. The obligations are deliberately asymmetric: the tenant may walk on four weeks’ notice; the landlord must establish a ground before a tribunal.
The statutory terms you cannot write around
The Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 prescribe terms that apply to every PRT whether or not they appear in the written agreement. They cover matters including the landlord’s repairing obligations, access, and how rent increases must be handled.
Two practical consequences:
- A clause that contradicts a statutory term does not work. It is not a negotiating position; it is ineffective.
- Silence does not remove a term. Leaving something out of your agreement does not leave it out of the tenancy.
What the landlord must provide
- Written terms. Section 10 requires the landlord to give the tenant the terms of the tenancy in writing. The Scottish Government publishes a Model Private Residential Tenancy Agreement, and a landlord who uses it is much less likely to write an ineffective clause.
- The statutory terms, which apply regardless.
- A tenant information pack is not the mechanism here — that belonged to the old short assured regime. What matters now is the written terms plus the statutory terms.
What happened to the old tenancies
Assured and short assured tenancies granted before 1 December 2017 did not convert automatically. They continue under the Housing (Scotland) Act 1988 until they end. So a Scottish portfolio can contain both regimes at once, and the rules for ending a pre-2017 short assured tenancy are not the rules in this article.
Where to go next
Rent is governed by a statutory increase procedure, not by whatever the agreement says. Ending the tenancy runs through a Notice to Leave and then the First-tier Tribunal. Deposits go into an approved scheme. And before any of it, the landlord must be registered.
Information tool, not legal advice. Scottish law only.
Common questions
What is a Private Residential Tenancy?
The statutory private tenancy in Scotland, created by the Private Housing (Tenancies) (Scotland) Act 2016 and applying to almost every new private let since 1 December 2017. It is open-ended, has no fixed term, and can only be brought to an end by the tenant leaving or by the First-tier Tribunal making an eviction order on one of the eighteen grounds in Schedule 3.
Can I grant a six-month tenancy in Scotland?
No. A Private Residential Tenancy is open-ended by law and has no end date. Writing a fixed term into the agreement does not create one — if the section 1 conditions are met the tenancy is a PRT regardless of what the paperwork says, and the fixed term is simply ineffective.
Is there a no-fault eviction in Scotland?
No. Scotland abolished the no-fault route for new private tenancies on 1 December 2017, when the Private Residential Tenancy came into force — years before the equivalent change in England. Every eviction must rest on one of the eighteen grounds in Schedule 3 to the 2016 Act and must go through the First-tier Tribunal.
How much notice does a tenant have to give in Scotland?
Twenty-eight days is the default under section 48 of the 2016 Act. The position is deliberately asymmetric: a tenant can end the tenancy on four weeks’ notice, while a landlord must serve a Notice to Leave and then establish a ground before the First-tier Tribunal.
What happened to short assured tenancies?
They were not converted. Assured and short assured tenancies granted before 1 December 2017 continue under the Housing (Scotland) Act 1988 until they come to an end, so a Scottish portfolio can contain both regimes at once. The rules for ending a pre-2017 short assured tenancy are not the PRT rules.