Private Residential Tenancies in Scotland

What is a Private Residential Tenancy (PRT)?

A PRT is an agreement between a tenant and a landlord for living in a rented property. It exists to protect the tenant and the landlord and clearly set out the terms for renting that property.

One of the key differences between PRT’s and its predecessors is that they are open-ended. This gives tenants more protection and minimises disruption in their day-to-day lives, so that they can feel secure in their home without the worry of being evicted at short notice.

Any new tenancy since 1 December 2017 will be a Private Residential Tenancy if:

It is a separate dwelling (includes shared houses, e.g. where the kitchen and bathroom are shared)
It is a main home
The tenancy isn’t an excluded tenancy

Does the PRT need to be a written agreement?

Yes, landlords must provide a written copy of the PRT, and it must include all the terms in the tenancy. Anything agreed verbally must be added to the written agreement.

Supporting documents
The Scottish Government has also produced supporting documents to help tenants better understand their tenancy agreement. Landlords must provide a copy of one of these documents along with the PRT agreement:

When does the PRT need to be in writing?

A written copy of the PRT and one of the supporting documents must be given to the tenant before the end of the day on which the tenancy starts. If you are already living in the property under a different type of agreement which is being changed to a PRT, your landlord must provide a written copy along with one of the supporting documents within 28 days of the change.

If your landlord changes any of the terms in your existing PRT, they must provide a written document explaining the updates within 28 days of the change.

What terms does the PRT need to describe?

All PRT agreements are legally required to include a set of core rights and obligations known as ‘mandatory clauses’. These appear at the start of the written agreement and are followed by any optional terms that have been added by the landlord known as ‘discretionary clauses’. When combined, your PRT should comprehensively outline all the terms of your tenancy.

Mandatory clauses:

Details of the property: including the address, what facilities are included, any parts of the property that are shared, whether furniture is included and if the property is a HMO
The date your tenancy starts
Occupation and use of property: agreeing to use the property as your home and an opportunity to let the landlord know in writing if you plan to use it for business use
Rent: including the amount, when and how it is to be paid and whether the rent covers any services (e.g. electricity)
Rent increases: outlining when it can go up and the process that needs to be followed. If you are unhappy with a rent increase, you can find information on how to challenge it in our renters' rights guide
Deposit: your deposit amount, the scheme it is protected by and the circumstances for when a deposit can be withheld
Subletting: typically, only those named in the PRT agreement will have permission to live in the property
Notification about other residents: you will need to notify the landlord of any person over the age of sixteen that lives in the property as their main home. For example, the landlord will need to be notified (in writing) if a dependant who was fifteen at the start of the tenancy turns sixteen
Insurance: this explains what is covered by the landlord’s insurance and what you require for your own belongings
Absences: what you need to do if you are away from the property for more than two weeks
Reasonable care: what your responsibilities are to maintain the condition of the property
The Repairing Standard and landlord’s responsibilities: The Repairing Standard outlines a set of conditions that the landlord must abide by to ensure that the property is kept in good repair. This includes gas and electrical safety, smoke alarms and carbon monoxide detectors. This section will also set out the landlord’s other responsibilities in maintaining the structure and exterior of the property
Legionella: your landlord has a number of obligations to prevent the risk of legionella
Access for repairs, inspections, and valuations: a clause that states that you must let the landlord have access for ‘authorised purposes’, e.g. carrying out work on the property.
Respect for others: tenants must agree not to be involved in any antisocial behaviour to other tenants, neighbours or visitors
Equality requirements: the landlord cannot discriminate because of a person’s disability, sex, or gender reassignment
Data protection
Ending the tenancy agreement: this clause outlines what you need to do to end the tenancy agreement. It also explains the reasons why a landlord can legally end a tenancy and the process in which they need to take

Discretionary clauses:

Discretionary clauses are optional clauses that your landlord can add to the tenancy agreement alongside the mandatory clauses. The following are common examples of discretionary clauses:

Smoking: if your agreement says that you can not smoke, you will need written permission from your landlord before you can
Pets: some agreements will prevent you from renting with a pet, but you may be able to gain permission if you agree to an additional deposit. Any deposit in Scotland is capped at a maximum of two months’ rent, this includes any additional deposits
Alterations: this includes alterations to the property, fixtures and fittings and any decorating. It is up to the landlord whether they grant you permission for this
Garden and shared areas: normally the tenant must maintain any private garden. However, landlords might pay for garden maintenance and include this cost in the monthly rent

If you feel that your tenancy agreement has any terms that are unfair, or even illegal, you have the right to complain. You can also contact your nearest Citizens Advice Bureau for further advice.

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