Scotland
Renting law in Scotland
Scotland runs on the Private Housing (Tenancies) (Scotland) Act 2016. Tenancies are private residential tenancys and tenants are tenants. Our compliance check covers England only, so this page explains what applies to you rather than giving you a score against the wrong statute.
Scotland abolished no-fault eviction in 2017
The private residential tenancy replaced the assured shorthold nine years before England did the same thing. It is open-ended from the start, with no fixed term and no end date.
Every eviction ground is discretionary
A landlord must satisfy the First-tier Tribunal for Scotland that eviction is reasonable, not merely that a ground applies. That is a higher bar than England's mandatory grounds.
Possession goes through a tribunal, not a court
The Housing and Property Chamber of the First-tier Tribunal handles private tenancy disputes, including repairs and deposits as well as eviction.
Landlord registration is mandatory nationwide
Registration with the local authority is required for every private landlord, and HMO licensing under the Civic Government (Scotland) Act 1982 applies where three or more unrelated people share.
Rent increases need at least three months' notice
Longer than England's two, and a tenant can refer the increase to a rent officer.
How it arrived
The dates that matter
1 December 2017
The private residential tenancy replaced assured and short assured tenancies. No fixed term, no end date, and no no-fault ground.
1 December 2017
The First-tier Tribunal took over private tenancy disputes from the sheriff court.
March 2024
The Repairing Standard was extended, adding requirements on kitchens, common doors and safe access.
What you have to hold
Your obligations in Scotland
The equivalent of the list our English check works through. Confirm anything decisive with Scottish Landlord Register, because devolved law moves on its own timetable.
Landlord registration
Mandatory with the local authority for every private landlord, renewed every three years. Letting while unregistered is a criminal offence.
Written tenancy terms
A private residential tenancy must be given in writing, and the Scottish Government model tenancy agreement is the usual route.
The Repairing Standard
The property must be wind and watertight, with safe installations, working detectors and, since March 2024, satisfactory kitchen and common-door safety provisions.
HMO licence
Required where three or more unrelated people share, under the Civic Government (Scotland) Act 1982.
Electrical safety
EICR every five years, plus a portable appliance inspection for anything the landlord supplies.
Gas safety
Annual check and certificate, as in England.
Deposit protection
In one of three approved Scottish schemes within 30 working days.
Energy Performance Certificate
Displayed and provided, with a valid rating.
Legionella risk assessment
Expected as part of the landlord's general duty of care.
Across the border
The same question, three answers
Housing is devolved, and the differences are substantial rather than cosmetic. If you let on both sides of a border, these are the ones that catch people out.
| Question | England | Wales | Scotland |
|---|---|---|---|
| What is the tenancy called? | Assured tenancy, periodic since 1 May 2026 | Occupation contract, since 1 December 2022 | Private residential tenancy, since December 2017 |
| Is there a no-fault route? | No. Section 21 abolished | Yes. Section 173, six months' notice | No. Abolished in 2017 |
| Who decides a possession claim? | County court | County court | First-tier Tribunal, and every ground is discretionary |
| Do I have to register? | PRS Database, from late 2026 | Rent Smart Wales, already mandatory | Landlord register, already mandatory |
| How much notice to raise rent? | Two months, Section 13 | Two months | Three months |
Checked 1 September 2026. Devolved law moves independently, so confirm anything decisive with the regulator above.
If you also let in England
Our free check covers the English side of a cross-border portfolio. It will not tell you anything about your private residential tenancys.
Check an English property