Private Residential Tenancy Agreement (Scotland)

A Private Residential Tenancy (PRT) is the only type of residential tenancy agreement available for private lettings in Scotland since 1 December 2017. It replaced the previous Assured and Short Assured Tenancy systems. PRTs are governed by the Private Housing (Tenancies) (Scotland) Act 2016 and are always open-ended (no fixed term), giving tenants greater security of tenure while landlords retain grounds-based eviction rights.

PRTs have fundamental differences from English ASTs: (1) All PRTs are open-ended with no fixed term - tenants can stay indefinitely, (2) No "no-fault" eviction - landlords must have one of 18 specific grounds, (3) Maximum deposit is 2 months rent (vs 5-6 weeks in England), (4) Landlord registration is mandatory (criminal offense if not registered), (5) Rent increases limited to once per year with 3 months notice, (6) Disputes go to First-tier Tribunal, not county court.

No. Under the Private Housing (Tenancies) (Scotland) Act 2016, all PRTs are open-ended by law. You cannot create a fixed-term tenancy. The tenancy continues until either the tenant gives 28 days notice to leave, or the landlord serves a valid notice using one of the 18 eviction grounds with the appropriate notice period (28-168 days depending on the ground).

In Scotland, the maximum deposit is 2 months rent (much lower than England's 5-6 weeks). The deposit must be protected in one of the three approved schemes (SafeDeposits Scotland, MyDeposits Scotland, or Letting Protection Service Scotland) within 30 working days. Our wizard validates your deposit amount against this limit.

Yes, mandatory landlord registration is required in Scotland. You must register with your local council before letting any property. Failure to register is a criminal offense with fines up to £50,000 and potential rent repayment orders. Your landlord registration number must be included in the PRT agreement and in all property advertisements.

The PRT system provides 18 eviction grounds including: landlord intends to sell, landlord or family member intends to live in property, substantial rent arrears (3+ months), repeated late payment, breach of tenancy, anti-social behaviour, property needed for religious purposes, and others. Each ground has specific evidence requirements and notice periods ranging from 28 to 168 days.

Notice periods vary by ground: 28 days for tenant conduct grounds (anti-social behaviour, breach), 84 days for most other grounds (landlord selling, moving in), and 168 days for some grounds if the tenant has lived there for 5+ years. For rent arrears, it's 28 days if 3+ months behind. These are minimum periods - you can give longer notice.

The Repairing Standard is a set of legal requirements that Scottish landlords must meet, covering: wind and watertight structure, safe installations (gas, electrical, water), adequate heating, satisfactory fire safety, and carbon monoxide detectors. Tenants can apply to the First-tier Tribunal if standards aren't met. Our PRT template includes the required Repairing Standard obligations.

Landlords can only increase rent once every 12 months with at least 3 months written notice using the prescribed form. Tenants can challenge "unreasonable" increases by applying to a Rent Officer. Rent Pressure Zones may cap increases in certain areas. Our template includes the proper rent review provisions for Scottish law.

If a tenant refuses to leave after proper notice, you must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. You cannot use bailiffs or county court as in England. The Tribunal process typically takes 4-8 weeks. Our eviction products guide you through the Tribunal application.