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Scotland Private Residential Tenancy landlord obligations 202612 July 2026

Scotland's Private Residential Tenancy: 2026 Landlord Guide

Scottish PRTs are open-ended, rent increases are capped, and the First-tier Tribunal decides everything. Here is what a Scottish landlord must do in 2026 — registration, EICR, PAT, Repairing Standard and the 18 eviction grounds.

Scotland''s Private Residential Tenancy: 2026 Landlord Guide

Scotland scrapped the old Short Assured Tenancy years ago. Since 1 December 2017, every new private let in Scotland has been a Private Residential Tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016. The rules are quite different from England — this guide walks you through what a Scottish landlord must do in 2026.

The PRT is open-ended — there is no fixed term

A PRT has no end date. It runs until the tenant gives 28 days'' notice, or the landlord successfully evicts on one of the 18 statutory grounds at the First-tier Tribunal (Housing and Property Chamber). There is no "Section 21", no "end of the fixed term", no "6-month break clause".

If you want the property back you need a ground, evidence for it, and a Notice to Leave with the correct notice period (28 or 84 days depending on the ground and how long the tenant has lived there).

Landlord Registration — non-negotiable

Every private landlord in Scotland must be on the Scottish Landlord Register with the local authority for the property. Registration lasts 3 years and costs a principal fee plus a per-property fee.

Letting while unregistered is a criminal offence carrying fines up to £50,000 and a Rent Payment Order forcing you to repay rent already collected. It also stops the Tribunal from granting an eviction order in most cases.

The Model Tenancy Agreement

Scottish Government publishes a Statutory Model PRT Agreement with mandatory Statutory Terms and optional Discretionary Terms. You can use your own document, but the statutory terms apply automatically whether you write them down or not — so most landlords just use the model. RentDocs generates a compliant Scottish PRT from your property and tenant details.

Alongside the agreement you must serve the tenant an Easy Read Notes document at the start of the tenancy.

Rent increases — capped and challengeable

  • Rent can be increased once every 12 months, and only by serving a Rent Increase Notice giving at least 3 months'' notice.
  • The tenant can refer the increase to a Rent Officer and (if unhappy) the First-tier Tribunal, which will decide the open-market rent.
  • Rent Control Areas designated under the Housing (Scotland) Act 2025 may cap increases below inflation — check whether your local authority has been designated before serving any notice.

The Repairing Standard

Every PRT property must meet the Repairing Standard for the whole tenancy. Key duties:

  • EICR by a SELECT / NICEIC / NAPIT registered electrician every 5 years, plus a copy provided to the tenant at the start of the tenancy and after each renewal.
  • PAT testing on all landlord-supplied portable appliances — required for every Scottish PRT, not just HMOs.
  • Interlinked smoke, heat and CO alarms — mains-wired or long-life sealed battery, compliant with the Scottish Government standard.
  • Gas Safety annual check by a Gas Safe engineer.
  • Legionella risk assessment at the start of the tenancy and reviewed periodically.
  • Energy efficiency: currently EPC band E minimum, with band C proposed under the Heat in Buildings Bill.

A tenant can apply to the Tribunal for a Repairing Standard Enforcement Order at any time. Non-compliance is a criminal offence.

Deposits

Deposits are capped at 2 months'' rent and must be lodged in one of the three approved Scottish schemes — SafeDeposits Scotland, Letting Protection Service Scotland, or mydeposits Scotland — within 30 working days of receipt, with Prescribed Information served to the tenant. Failure exposes you to 1× to 3× the deposit in penalty at the Tribunal.

The 18 eviction grounds

The Tribunal will grant eviction only on one of the grounds in Schedule 3 — for example:

  • Landlord intends to sell (ground 1) — 84 days'' notice if the tenant has been there 6+ months.
  • Landlord intends to live in the property (ground 4).
  • Rent arrears of 3+ consecutive months (ground 12) — a mandatory ground when the arrears equal or exceed 1 month''s rent for 3 months.
  • Anti-social behaviour (ground 15).
  • Breach of tenancy (ground 13).

Most grounds are now discretionary — the Tribunal weighs reasonableness even where the ground is proved. Prepare your evidence bundle accordingly.

Illegal eviction is serious

Only the Tribunal (or a Sheriff enforcing a Tribunal order) can end a PRT against the tenant''s will. Changing the locks, cutting off utilities or "encouraging" a tenant to leave is a criminal offence under the Rent (Scotland) Act 1984 and can carry unlimited fines and Wrongful Termination Orders of up to 6 months'' rent.

What Scottish landlords should do this week

  1. Check your Scottish Landlord Register entry is current and covers every property.
  2. Confirm the tenant has a signed PRT agreement and the Easy Read Notes.
  3. Diary EICR (5y), PAT (annual), Gas Safety (annual) and Legionella review dates.
  4. Check whether your local authority is a Rent Control Area before any rent increase.
  5. Keep a paper trail of every notice, inspection and communication — RentDocs stores the timestamped version tenants received.

The Scottish system rewards landlords who treat compliance as a habit, not a form to fill in when things go wrong.