The Private Residential Tenancy explained

If you are renting privately in Scotland, you almost certainly have a Private Residential Tenancy, known as a PRT. It replaced the old short assured tenancy for every new let from 1 December 2017, and it works quite differently from an assured shorthold tenancy in England.

There is no end date

This is the single biggest difference. A PRT is open-ended. There is no six-month or twelve-month fixed term that expires, and there is no such thing as a tenancy that simply runs out. The tenancy continues until either the tenant ends it or the landlord ends it using one of the statutory grounds.

For tenants, that means security. For landlords, it means you cannot regain possession simply because a term has ended. You need a ground, and you need to be able to evidence it.

How a tenant ends a PRT

A tenant gives 28 days' written notice, at any point, unless a longer period was agreed in the tenancy. That is it. There is no minimum term to serve first and no penalty for leaving early.

How a landlord ends a PRT

A landlord must serve a Notice to Leave specifying one or more of the statutory eviction grounds. Common grounds include the landlord intending to sell, the landlord or a family member intending to live in the property, substantial rent arrears, and breach of the tenancy agreement.

The notice period depends on the ground and on how long the tenant has lived there: generally 28 days where the tenant has been in the property for six months or less, and 84 days where they have been there longer. If the tenant does not leave, the landlord must apply to the First-tier Tribunal for an eviction order. A landlord cannot evict without a Tribunal order.

Rent increases

Rent can be increased once in any twelve-month period, using the prescribed rent-increase notice and giving at least three months' notice. A tenant who considers the increase unreasonable can refer it for adjudication rather than simply having to accept it.

What must be provided

• A written tenancy agreement, or the Scottish Government's model PRT agreement.
• The Private Residential Tenancy Statutory Terms Supporting Notes.
• An Energy Performance Certificate.
• A gas safety certificate, where there is a gas supply.
• An Electrical Installation Condition Report and PAT records where relevant.
• Tenancy deposit information, including which scheme holds the deposit and its reference.
• The landlord's registration number, and the letting agent's LARN where an agent is used.

What cannot be charged

Tenants can be charged rent and a tenancy deposit. Nothing else. Charging for referencing, credit checks, inventories, tenancy paperwork, renewals or viewings is unlawful in Scotland, and has been since 2012. If you have been charged such a fee, you can recover it.

This guide is general information, not legal advice. Law and practice change, and individual circumstances vary. Check current guidance at mygov.scot and take professional advice on anything affecting your specific position.