Tenancy Agreements and Rents

More information

What is it?

The new Scottish Private Residential Tenancy came into force on 1 December 2017. The tenancy gives additional rights for private rented tenants.

From this date, any new let provided by a private landlord must conform to the regulations which accompany the Private Housing (Tenancies) (Scotland) Act 2016, for further information please see link below:

Private Renting In Scotland

Existing Tenancies

Any existing short assured and assured tenancies will continue until the end of the agreement but be replaced with the new tenancy thereafter. On the date the new tenancy comes into force, any existing short assured or assured tenancy will continue until either you or your landlord bring it to an end by serving notice to quit the let property.

If your short assured tenancy is renewing on a contractual basis, this can continue to renew under the Housing (Scotland) Act 1988 until either you or your landlord bring it to an end by serving notice to quit the let property.

Model Tenancy Agreement

Model Tenancy Agreement document sets out what should be contained in a tenancy agreement.

Tenant Information Pack

Tenant Information Pack (2016) gives information to tenants in privately rented housing. It talks about your home, tenancy and landlord, and the responsibilities of you and your landlord. The pack is not part of your tenancy agreement but sets out important information that is relevant to you and your landlord.

The pack contains a summary of legislation relevant to private tenants.

Rent Deposit Scheme

In order to protect any deposit on a private rented property, the landlord must lodge the deposit with an officially approved Rent Deposit Scheme provider within 30 days of receipt of the deposit.

The Repairing Standard

Private landlords are obliged to meet the Repairing Standard. Tenants have the right to take a landlord to the First Tier Tribunal (Housing and Property Chamber) if the landlord fails to make good specified defects within the property which fall within the following categories:

The house must be wind and water-tight and in all other respects reasonably fit for human habitation.
The structure and exterior of the house (including drains, gutters and external pipes) should be in a reasonable state of repair and in proper working order.
The installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water should be in a reasonable state of repair and in proper working order.
Any fixtures, fittings and appliances provided by the landlord under the tenancy should be in a reasonable state of repair and in proper working order.
Any furnishings provided by the landlord under the tenancy should be capable of being used safely for the purpose for which they are designed.
The house should have satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire.
The house should have satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health.

The form for submitting a complaint to the Tribunal can be found on the Housing and Property Chamber, follow the link from Repairs on the menu.

Ending the Tenancy

Ending the Tenancy: Notice to Leave and Grounds for Eviction guidance describes the conditions under which a landlord may seek to end the tenancy, select "Grounds for Eviction" from the list.

Appeal a Rent Increase

An individual with the new Private Residential Tenancy (from 1st December 2017) can apply to Rent Service Scotland in the event that they believe that their rent rise has been excessive. Select paragraph 4 from the list or apply directly to:

The Rent Service Scotland
Endeavour House (2nd Floor)
1 Greenmarket
Dundee DD1 4QB

Phone: 0300 244 7000
Fax: 0131 244 8222 or by Email

Hours of Business:
Monday to Thursday: 9am to 4.30pm
Friday: 9am to 4pm

Otherwise tenants with an existing assured or short assured tenancy who believe that a recent rent rise is excessive should apply to the First Tier Tribunal (Housing and Property Chamber).