Scotland's tenancy law is completely separate from England and Wales. The Renters' Rights Act 2025 does not apply. No Section 21. No Section 8. No ASTs. Scotland abolished fixed-term tenancies in December 2017 — eight years before England.
The Private Residential Tenancy (PRT) is Scotland's form of private tenancy, introduced from 1 December 2017 under the Private Housing (Tenancies) (Scotland) Act 2016. All new private residential lettings in Scotland are PRTs — open-ended, with no fixed end date. Fixed-term tenancies no longer exist in Scotland.
The PRT continues until the tenant gives notice to leave (at least 28 days) or the landlord uses one of 18 statutory grounds to end the tenancy.
| Issue | Scotland (PRT) | England (APT) |
|---|---|---|
| Legislation | PHT(S)A 2016 | Housing Act 1988 + RRA 2025 |
| Fixed-term tenancies | Abolished Dec 2017 | Abolished May 2026 |
| No-fault eviction | Never existed in Scotland | Section 21 abolished May 2026 |
| Eviction grounds | 18 statutory grounds (Schedule 3) | 17 Section 8 grounds |
| Eviction court | First-tier Tribunal (Housing) | County Court |
| Rent increase notice | 3 months, once per 12 months | 2 months, Form 4A, once per 12 months |
| Rent dispute body | Rent Service Scotland | First-tier Tribunal (Property) |
| Landlord registration | Mandatory — criminal offence not to | PRS Database (not yet live) |
| Deposit cap | 2 months' rent | 5 weeks' rent |
| Deposit protection | Within 30 working days | Within 30 calendar days |
| HMO threshold | 3+ unrelated persons | 5+ persons |
| RRA 2025 | Does NOT apply | Fully in force from 1 May 2026 |
All Scottish landlords must register with their local council on the Scottish Landlord Register under the Antisocial Behaviour etc. (Scotland) Act 2004. This has been a requirement since 2004 — far longer than any English equivalent.
To end a PRT, a landlord must serve a Notice to Leave citing one or more of the 18 statutory grounds in Schedule 3 of the PHT(S)A 2016. There is no equivalent of Section 21 (no-fault eviction) in Scotland — every eviction requires a stated reason.
| Ground | Reason | Type | Notice |
|---|---|---|---|
| 1 | Landlord intends to sell the property | Mandatory | 84 days |
| 2 | Mortgagee intends to sell (repossession) | Mandatory | 84 days |
| 3 | Let property required for religious purposes | Mandatory | 84 days |
| 4 | Landlord intends to live in the property | Mandatory | 84 days |
| 5 | Family member of landlord to live in property | Mandatory | 84 days |
| 6 | Property required for non-residential use | Mandatory | 84 days |
| 7 | Property required for significant refurbishment | Mandatory | 84 days |
| 8 | Property required for accommodation under charitable/religious tenancy | Mandatory | 84 days |
| 9 | Property required for student accommodation | Mandatory | 84 days |
| 10 | Property required for demolition or non-residential conversion | Mandatory | 84 days |
| 11 | Tenant not occupying property as only/main home | Discretionary | 28 days |
| 12 | Rent arrears — 3+ consecutive months (no dispute) | Mandatory | 28 days |
| 12A | Persistent rent arrears | Discretionary | 84 days |
| 13 | Anti-social behaviour | Discretionary | 28 days |
| 14 | Criminal conviction | Discretionary | 28 days |
| 15 | Association with person convicted of relevant offence | Discretionary | 84 days |
| 16 | Property no longer tenant's only or main home | Discretionary | 28 days |
| 17 | Landlord registration refused or revoked | Mandatory | 28 days |
| 18 | HMO licence refused or revoked | Mandatory | 28 days |
Eviction in Scotland is a two-stage process — unlike England, where a valid court order leads to enforcement by bailiffs. In Scotland, eviction goes through the First-tier Tribunal for Scotland (Housing and Property Chamber):
The Tribunal process typically takes 8–16 weeks from application to hearing. There is no court fee for Tribunal applications in Scotland — unlike English County Court claims.
Scottish landlords can only increase rent once every 12 months, with at least 3 months' written notice to the tenant. The notice must use the prescribed form available from the Scottish Government.
If a tenant considers the proposed rent increase excessive, they can refer it to Rent Service Scotland within 21 days. Rent Service Scotland will determine the open market rent for the property — the landlord cannot charge more than this determination. The determination can be appealed to the First-tier Tribunal.
At the start of every PRT, Scottish landlords must provide:
The HMO threshold in Scotland is lower than England. A property is an HMO in Scotland if three or more unrelated persons occupy it as their only or main home. In England, the threshold is five persons. Scottish HMO landlords must obtain an HMO licence from the local council before letting — operating an unlicensed HMO is a criminal offence.
The Housing (Scotland) Act 2025 received Royal Assent on 6 November 2025 and is being implemented in phases. Scottish landlords need to be aware of the following upcoming changes:
From 6 October 2026, the penalty scale for Wrongful Termination Orders (WTOs) increases dramatically. A WTO is issued when the First-tier Tribunal finds that a landlord misled a tenant into leaving by citing an eviction ground that did not genuinely apply — for example, claiming intention to sell and then re-letting the property.
The qualifying period for a family member, partner, or carer to succeed a PRT on the death of a tenant reduces from 12 months to 6 months, for tenant deaths occurring on or after 6 October 2026. A successor must have been living in the property as their only or main home throughout the qualifying period.
From 1 April 2027:
No. The Renters' Rights Act 2025 applies to England only. Scotland operates under the Private Housing (Tenancies) (Scotland) Act 2016 — completely separate legislation.
No. English tenancy agreements — including Assured Shorthold Tenancy agreements and the new Assured Periodic Tenancy — are not valid in Scotland. Scottish tenancies must use a PRT agreement that complies with the PHT(S)A 2016 and mandatory statutory terms.
Yes — mandatory registration under the Antisocial Behaviour etc. (Scotland) Act 2004. Operating without registration is a criminal offence and invalidates any Notice to Leave you serve.
Either 28 or 84 days depending on the ground and tenancy length. Most landlord-needs grounds (selling, moving in, refurbishment) require 84 days. Rent arrears and ASB grounds allow 28 days. Tenancies of less than 6 months: 28 days regardless of ground.
From serving Notice to Leave to an Eviction Order from the First-tier Tribunal typically takes 3–6 months. Ground 12 (mandatory rent arrears) is the most straightforward. Grounds requiring evidence of landlord intent (sale, own occupation) can take longer if disputed.
Yes. The tenant has 21 days from receiving the rent increase notice to refer it to Rent Service Scotland. The landlord cannot charge more than Rent Service Scotland's determination of open market rent.
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