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Update Your PRT Tenancy AgreementUpdate Your PRT Tenancy Agreement
Learn how to update your Private Residential Tenancy in Scotland, including rent increases, tenant changes, and term variations that landlords need to handle properly.
Reviewed
21 March 2026
Applies to
Scotland only
Current position
Scotland tenancy pages should reflect the Private Housing (Tenancies) (Scotland) Act 2016, open-ended PRT rules, tribunal-led possession, and the current Scottish compliance framework.
Start here if you need the main guide on this issue. If your situation is narrower or you want the next practical step, go to Scottish PRT model agreement guide.
If you want the wider background first, read Scotland PRT agreement guide.
Ready to act? The quickest route from here is update your Scotland PRT pack.
Understanding PRT Updates and Changes
A PRT continues indefinitely — here is how to make changes during the tenancy.
Unlike English ASTs which have fixed terms and periodic renewals, a Scottish Private Residential Tenancy continues indefinitely until properly ended by either party. This open-ended nature means you cannot simply wait for a renewal date to update terms — changes must be made during the ongoing tenancy.
The Private Housing (Tenancies) (Scotland) Act 2016 sets out specific procedures for certain changes, particularly rent increases. Other changes require tenant agreement and should be documented properly. Understanding when you can make changes unilaterally versus when you need consent is crucial for staying compliant.
The most common reasons landlords need to update a PRT include: increasing rent to reflect market rates, adding or removing tenants when household composition changes, updating terms that no longer work for the property, and correcting errors or omissions in the original agreement.
Depending on the nature of the change, you might use the statutory rent increase procedure, negotiate a variation agreement with the tenant, or create an entirely new PRT. The right approach depends on what you are trying to change and whether the tenant agrees.
How to Increase Rent Under a PRT
The statutory procedure for rent increases in Scotland.
Statutory Rent Increase Procedure
The 2016 Act sets strict rules for how and when you can increase rent:
Alternative: Agreed Rent Change
If the tenant agrees to a different rent amount, you can vary the tenancy by mutual agreement at any time. Document this in writing signed by both parties. This avoids the formal notice procedure but requires tenant consent.
Changing Tenants During a PRT
How to add new tenants, remove departing tenants, or replace occupiers.
Adding a Tenant
To add a new tenant to an existing PRT:
- All existing tenants and the new tenant sign a variation agreement
- Or end the current PRT and create a new one with all tenants named
- Update deposit protection records with the new tenant's details
Reference all existing tenants for the new person before adding them.
Removing a Tenant
When a tenant needs to leave:
- In Scotland, the PRT continues for remaining tenants automatically
- Document the departing tenant's exit date in writing
- Consider a new PRT with only the remaining tenants for clarity
The departing tenant may remain liable for arrears incurred before leaving.
Full Tenant Replacement
If all tenants are being replaced (e.g., a complete household change), the cleanest approach is to:
Need a New PRT Agreement?
If your changes are significant, creating a new PRT may be simpler than multiple variations. Ready in minutes.
Varying Other Terms in a PRT
How to change non-rent terms like pets, subletting, or property rules.
Tenant Agreement Required
Unlike rent (which has a statutory increase mechanism), other terms can only be changed with the tenant's consent. You cannot unilaterally add new obligations or restrictions during the tenancy. If the tenant does not agree, the original terms continue to apply.
Using a Variation Agreement
When you and the tenant agree to changes, document them in a written variation agreement. This should clearly state: what terms are being changed, the old wording, the new wording, the date the change takes effect, and signatures from all parties. Both landlord and tenant(s) should keep signed copies.
What Cannot Be Changed
The mandatory statutory terms from the 2016 Act cannot be removed or weakened by agreement. These terms apply automatically regardless of what your written agreement says. You cannot, for example, agree to remove the tenant's right to 28 days notice when leaving, or extend the deposit protection deadline beyond 30 working days.
When to Create a New PRT Instead
If you are making multiple changes or major alterations, it may be cleaner to end the current PRT and create a new one. This is especially true when changing tenants, significantly restructuring terms, or when the original agreement has become unclear through multiple amendments. A fresh PRT provides a clear baseline going forward.
Deposit Protection When Updating a PRT
What happens to the deposit when you make changes to the tenancy.
Common PRT Update Scenarios
Practical guidance for frequent situations landlords face.
Tenant Gets a Pet
If your agreement prohibits pets but the tenant asks permission:
- * Consider the request fairly
- * If agreeing, document it in a variation
- * You may add conditions (pet type, size, cleaning)
- * Cannot unreasonably refuse in some circumstances
Partner Moves In
When a tenant's partner wants to move in:
- * They can be added as a joint tenant
- * Or remain as a permitted occupier (not a tenant)
- * Joint tenant status gives them rights and obligations
- * Update agreement and deposit records accordingly
Annual Rent Review
To increase rent on the tenancy anniversary:
- * Serve notice 3 months before the increase date
- * Use the prescribed rent increase notice form
- * Check for Rent Pressure Zone restrictions
- * Tenant can refer to Rent Officer within 21 days
Tenant Wants to Sublet
If a tenant asks to sublet or assign:
- * Check if your agreement permits this
- * Subletting creates additional complexity
- * You may want to refuse or offer alternatives
- * Consider creating a new PRT with the new occupier
Updating PRT Agreement FAQ
Need a Fresh PRT Agreement?
Major changes often call for a new agreement. Create a compliant PRT in minutes.
Section 21 and Section 8 included • AI compliance check • Designed for court acceptance