The Private Residential Tenancy (PRT), introduced by the Private Housing (Tenancies) (Scotland) Act 2016 and in force since December 2017, replaced the Assured Shorthold Tenancy in Scotland entirely. There are no fixed terms, no Section 21, no rolling periodic tenancies — just a single open-ended tenancy type with statutory protections on both sides. Scottish landlords operating under English assumptions make costly mistakes. Understanding the PRT framework is the foundation of compliant Scottish property management.
Scotland vs England — key differences at a glance
| Feature | 🏴 Scotland (PRT) | 🏴 England (post-Renters Rights Act) |
|---|---|---|
| Tenancy type | Open-ended — no fixed terms | Periodic from start (post-RRA 2025) |
| No-fault eviction | Never existed under PRT | Abolished by Renters Rights Act 2025 |
| Eviction grounds | 18 statutory grounds | Multiple updated Section 8 grounds |
| Landlord registration | Mandatory — every 3 years | Not required nationally (licensing varies) |
| Letting agent registration | Mandatory (LARN) | Not required nationally |
| Rent increase notice | 3 months — once per 12 months | 2 months — once per 12 months |
| Rent caps | Rent Pressure Zones (RPZ) possible | No rent caps — market rate limit only |
| Landlord notice to leave | 28 days (first 6 months); 84 days after | Varies by Section 8 ground |
| Deposit schemes | 3 Scottish schemes (custodial only) | 3 UK schemes (custodial + insurance) |
| Tribunal | First-tier Tribunal (Housing and Property Chamber) | First-tier Tribunal (Property Chamber) |
The PRT's defining characteristics
Notice periods
If a tenant does not leave after the notice period expires, the landlord must apply to the First-tier Tribunal (Housing and Property Chamber) for an eviction order. The tribunal assesses whether the ground is made out. There is no equivalent of a standard possession order from the county court — all Scottish residential possession goes through the tribunal.
The 18 eviction grounds
| Ground | Type | Description | Notice |
|---|---|---|---|
| 1 | Mandatory | Landlord intends to sell the property | 84 days |
| 2 | Mandatory | Landlord intends to sell with mortgage lender's consent | 84 days |
| 3 | Mandatory | Landlord or close family member intends to live in the property | 84 days |
| 4 | Mandatory | Property required for religious purpose (minister of religion) | 84 days |
| 5 | Mandatory | Property requires significant refurbishment or demolition | 84 days |
| 6 | Mandatory | Property to be converted to non-residential use | 84 days |
| 7 | Mandatory | Property required by lender following repossession | 84 days |
| 8 | Mandatory | Property no longer required for employment tied accommodation | 28 days |
| 9 | Mandatory | Tenant is no longer an employee (tied accommodation) | 28 days |
| 10 | Mandatory | Tenant is not occupying the property as their only or principal home | 28 days |
| 11 | Discretionary | Breach of tenancy agreement (other than rent) | 28 days |
| 12 | Discretionary | Tenant has been in rent arrears for three or more consecutive months | 28 days |
| 13 | Discretionary | Tenant has a criminal conviction | 28 days |
| 14 | Discretionary | Antisocial behaviour by tenant or others | 28 days |
| 15 | Discretionary | Association with persons convicted of relevant offences | 28 days |
| 16 | Discretionary | Tenant has misrepresented their circumstances to obtain the tenancy | 28 days |
| 17 | Discretionary | Deterioration of the property through neglect by the tenant | 28 days |
| 18 | Discretionary | Landlord has a duty under the HMO licensing regime | 28 days |
For mandatory grounds, the tribunal must grant the eviction order if the ground is established — there is no discretion. For discretionary grounds, the tribunal considers all circumstances and may refuse to grant possession even if the ground is technically made out. The red-highlighted grounds (1–10) are mandatory; blue (11–18) are discretionary.
Rent increases and Rent Pressure Zones
Rent can only be increased once per 12 months under a PRT. The landlord must give the tenant at least 3 months' written notice using the prescribed rent review form — longer than England's 2-month requirement. The tenant has the right to refer the proposed increase to a Rent Officer (if in a Rent Pressure Zone) or to the tribunal.
Scottish Ministers can designate Rent Pressure Zones where rent increases are capped at a maximum percentage. As of 2026, no RPZ has been formally designated, but the mechanism exists and applications from local authorities remain possible. The emergency rent cap that applied across Scotland from 2022–2024 has ended — landlords can now propose increases to market rate, but tenants retain the right to challenge at tribunal.
Always check the Scottish Government's housing website for the current status of RPZ designations before proposing a rent increase.
Mandatory landlord and letting agent registration
Every private landlord in Scotland must register with their local council under the Landlord Registration (Scotland) Act 2004. This is a criminal requirement — letting property without registration is a criminal offence. Registration must be renewed every three years.
Complete the online application. Provide details of each property, disclose criminal convictions, and pay the registration fee (varies by council — typically £65–£100 for one property, with a small additional fee per additional property).
Councils assess whether the landlord is a "fit and proper person" — they check for criminal convictions, breaches of landlord law, and housing offences. Serious convictions can result in refusal or revocation of registration.
The landlord's registration number must be included in all adverts for the property and in tenancy documentation. Failure to display it is an offence.
Registration must be renewed every three years. Councils notify registered landlords before expiry. Failure to renew is a criminal offence regardless of whether you were previously registered.
Letting agents operating in Scotland must also register under the Letting Agent Registration and Code of Practice. Agents must obtain appropriate training and comply with the Letting Agent Code of Practice — a statutory code enforceable by the tribunal. Only registered agents can lawfully provide letting services in Scotland.
Tenancy deposit schemes — Scotland only
One of three approved custodial schemes. Deposit held by the scheme until tenancy ends.
Approved scheme — custodial only. No insurance-based scheme in Scotland.
Scotland-specific version. Insurance-backed schemes (used in England) are not permitted in Scotland.
Unlike England where both custodial and insurance-backed deposit protection exist, Scotland only permits custodial schemes — the landlord must physically transfer the deposit funds to the scheme. The deposit must be protected within 30 working days of receipt. Prescribed information (tenancy deposit confirmation) must be provided to the tenant within 30 working days. Failure to protect incurs financial penalties of up to three times the deposit amount, payable to the tenant.
Frequently asked questions
Can I still use a tenancy agreement with a fixed term in Scotland?
You can include a fixed-term start date in a PRT tenancy agreement, but the tenancy does not end automatically at that date — the PRT continues as an open-ended tenancy regardless of what the agreement says. A clause purporting to end the tenancy at a specified date has no legal effect under Scottish law. The practical implication: all Scottish tenancies, however drafted, are open-ended and can only be ended by the landlord using one of the 18 statutory grounds with appropriate notice.
What happens if a tenant stops paying rent under a PRT?
Ground 12 (rent arrears for three or more consecutive months) is available as a discretionary eviction ground. The landlord must give the tenant 28 days' written notice to leave citing Ground 12. If the tenant does not leave, the landlord applies to the First-tier Tribunal (Housing and Property Chamber). As a discretionary ground, the tribunal may take into account mitigating circumstances — including rent arrears caused by Universal Credit processing delays. For serious or persistent arrears, the tribunal usually grants possession, but the process takes longer than an equivalent English possession claim. Starting the process early — at 3 months' arrears — is important.
Is an HMO licence required in Scotland?
Yes — HMO licensing in Scotland applies to properties occupied by three or more unrelated people sharing facilities. This is different from the English threshold of five people in three storeys. All HMOs in Scotland require a licence from the relevant local authority, which must be renewed annually (unlike England's 5-year term). The application process includes a property inspection, assessment of the landlord's fit and proper status, and compliance with HMO management standards. An unregistered HMO is a criminal offence. See our Scotland vs England HMO licensing comparison for a full breakdown.
Related guides
About the author
✓ Editorially reviewed — all Poqet guides are checked for factual accuracy before publication and updated when UK rates or legislation change. Editorial Policy