From 1 December 2017, all new tenancies in Scotland will be Private Residential Tenancies.

This will come with changes to the rights and responsibilities of tenants and landlords.

Existing assured or short assured tenancies that were taken out before 1 December 2017 will continue to operate as they do currently until the tenant or their landlord bring it to an end following the correct procedure. If your tenancy comes to and end and the landlord then offers you a new tenancy this will be a Private Residential Tenancy.   

Some changes for tenants include:

Period of let

• No minimum period of let. The tenancy is open-ended, the landlord cannot ask you to leave simply because you have been in the property for a specific period of time.

Period of Notice

• You have to give your landlord 28 days’ notice in writing if you want to end the tenancy (unless you ask for a shorter time and the landlord agrees in writing).

• The landlord must use one of the 18 grounds for eviction to ask you to leave.

• The landlord must provide the notice to leave within the following timeframe:
  • 84 days (12 weeks) if you have lived in the property for over 6 months.
  • 28 days (4 weeks)  if you have lived in the property for less than 6 months.
  • Regardless of length of tenancy, 28 days (4 weeks) if you have done something wrong. For example: you are not occupying the property as your home, have failed to pay 3 consecutive months of rent, have breached the terms of the tenancy, have engaged in antisocial behaviour or committed a relevant criminal offence or associate with a person in the let property who has engaged in anti-social behaviour or has a relevant conviction

Rent Increases

• Rent cannot go up more than once a year, and you must receive at least a 3 months’ written notice of any increase.

• You may challenge the rent increase by contacting a rent officer who can decide if the increase is fair.

Access for repairs

• You must provide the landlord reasonable access to carry out repairs. They should give you at least 48 hours notice, and not enter the property without your consent except in the case of emergency.

Residents living in property

• You must not sublet the property, take in a lodger or give up your tenancy to someone else unless the landlord gives you permission in writing. 

For the avoidance of doubt, this only applies to tenancies in the private rented sector and not halls of residence or purpose built student accommodation.

Further Information

For more information please see this information page from Shelter Scotland and the Scottish Government Publication: Private residential tenancies: information for tenants.