Private Residential Tenancy (PRT) Scotland 2026/27: What Every Landlord Must Know

Quick Summary

• PRT is Scotland's default private tenancy — it replaced short assured tenancies for all new lets from 1 December 2017, and it's open-ended with no fixed term
• Landlords can only evict on 18 statutory grounds — and must give 28–84 days' notice depending on the ground and length of tenancy
• The Housing (Scotland) Act 2025 introduces new rent controls — rent adjudication and the Rent Control Area (RCA) cap, effective from 1 April 2025
• All Scottish landlords must register — with their local council under the Antisocial Behaviour etc. (Scotland) Act 2004, at £75 per landlord + £18 per additional property

If you own a rental property in Scotland — whether you've been a landlord for 20 years or are about to let your first flat — the rules are completely different from England. Scotland's Private Residential Tenancy (PRT) regime is one of the most tenant-protective in Europe, and the rules keep tightening. Here's what you need to know for 2026/27.

Quick Answer: Since 1 December 2017, all new private rentals in Scotland use the Private Residential Tenancy (PRT). It's open-ended (no fixed term), automatically rolls month to month, and can only be ended by the tenant (at any time, 28 days' notice) or the landlord (on one of 18 statutory grounds, with up to 84 days' notice). Rent can only rise once per year with 3 months' notice, and the Housing (Scotland) Act 2025 introduced rent adjudication and Rent Control Areas. All landlords must register with their local council and comply with safety standards. Use our Rent Increase Calculator to check a proposed rent rise.

What is a Private Residential Tenancy?

The PRT is Scotland's current private rental tenancy, introduced by the Private Housing (Tenancies) (Scotland) Act 2016 and effective for all new tenancies from 1 December 2017. It replaced the previous short assured tenancy (SAT) regime.

Key features:

• Open-ended — no fixed term, no expiry date
• Cannot be terminated by the landlord at the end of a "term" — there is no term to end
• Automatic rollover from month to month
• Tenant can leave any time with 28 days' notice
• Landlord can only evict on one of 18 statutory grounds
• Rent can only rise once per year (12 months between increases)
• 3 months' notice required for rent increases
• Tenants can refer rent increases to adjudication if they think the increase is above market rent

Existing tenancies created before 1 December 2017 under the old short assured tenancy regime continue under the old rules unless varied by mutual agreement.

The 18 eviction grounds

Unlike England's Section 21 "no-fault" evictions (being phased out via the Renters Rights Bill), Scottish landlords cannot evict without cause. There are 18 statutory grounds under Schedule 3 of the 2016 Act. They fall into two categories:

Mandatory grounds (if proven, the Tribunal must grant eviction)

1. Landlord intends to sell the property
2. Property to be sold by mortgage lender (repossession)
3. Landlord intends to refurbish (substantial works)
4. Landlord intends to live in the property
5. Family member intends to live in the property
6. Property to be used for non-residential purpose
7. Religious worker (limited use)
8. Tenant no longer qualifies for supported accommodation

Discretionary grounds (Tribunal may grant eviction if reasonable)

9. Not an occupier — tenant not using the property as their only/principal home
10. Breach of tenancy term
11. Rent arrears (3+ months' arrears)
12. Rent arrears (less than 3 months, but persistent)
13. Antisocial behaviour
14. Conviction for relevant offence (against neighbours or landlord)
15. Landlord's registration refused or revoked
16. HMO licence refused or revoked
17. Overcrowding
18. Association with someone convicted of a relevant offence

As of April 2025, the Housing (Scotland) Act 2025 may modify how these grounds operate — particularly ground 1 (sale) and ground 4 (landlord move-in). Check the latest guidance before serving notice.

Notice periods

The notice period depends on the ground and how long the tenant has lived in the property:

Tenancy length	Standard notice
Less than 6 months	28 days
6 months or more	84 days (12 weeks)

Some grounds (like antisocial behaviour or breach of tenancy) allow shorter notice regardless of tenancy length. The notice must be served using the correct statutory form — Notice to Leave under section 52 of the 2016 Act. Getting the form wrong voids the notice.

Serving Notice to Leave correctly

The notice must:

1. Be in writing on the correct statutory form
2. State the ground(s) being relied on
3. Give the correct notice period based on tenancy length and ground
4. Specify the earliest date the tenant can be required to leave
5. Be served on all joint tenants

Common mistakes that invalidate notices:

• Using the wrong form (e.g. an old Scottish Short Assured Tenancy notice)
• Not giving the full notice period
• Listing grounds that don't apply
• Failing to serve on all joint tenants
• Serving before any 6-month trial period required by the tenancy

If the tenant doesn't leave after notice expires, the landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. This can take 3–6 months or more.

Rent controls under the Housing (Scotland) Act 2025

The Housing (Scotland) Act 2025 introduced major changes to rent setting, effective from 1 April 2025. The temporary rent freeze and 3% cap introduced in 2022 was replaced by a new permanent framework.

Rent adjudication

Tenants can now refer any proposed rent increase to Rent Service Scotland (RSS) for adjudication, regardless of market conditions. The adjudicator can set the rent at:

• The proposed rent (if it's at or below open market value), or
• The open market rent (if the proposed rent exceeds it), or
• The current rent (if lower is justified)

Rent Control Areas (RCAs)

The Scottish Government can designate Rent Control Areas where rent increases are legally capped. Within an RCA:

• Rent increases between tenancies are capped
• Mid-tenancy increases are also limited
• Landlords must register rent levels with the local authority

As of April 2025, no RCAs have been formally designated, but local authorities can apply to Scottish Ministers for designation based on evidence of rent inflation in their area. Check with your local authority before setting or raising rents.

The 12-month rule and 3-month notice

Outside an RCA, landlords can still increase rent — but:

• Only once every 12 months
• With 3 months' written notice
• Using the prescribed form (Rent Increase Notice)
• Tenant can refer to adjudication within 21 days

Mandatory landlord registration

Every private landlord in Scotland must register with their local authority under the Antisocial Behaviour etc. (Scotland) Act 2004. Registration covers:

• £75 per landlord application fee
• £18 per additional property
• Valid for 3 years
• Must be renewed before expiry

Unregistered landlords face:

• Up to £50,000 fine
• Rental Income Order (the local authority can redirect rent to itself)
• Inability to pursue eviction through the Tribunal
• Disqualification from being a landlord in some cases

Register at landlordregistrationscotland.gov.uk.

Safety compliance

Scottish landlords must meet a long list of safety obligations:

Gas Safety

Annual Gas Safety Certificate from a Gas Safe registered engineer. Copy must be given to the tenant within 28 days of each check.

Electrical Installation Condition Report (EICR)

Every 5 years by a qualified electrician. Must be given to the tenant before they move in and within 28 days of each subsequent check.

Portable Appliance Testing (PAT)

All landlord-provided portable electrical appliances must be tested. Frequency depends on type but annual testing is common.

Smoke alarms and heat alarms

Since February 2022, Scotland has mandatory interlinked alarm standards:

• One smoke alarm in every circulation space (hall, landing)
• One smoke alarm in the most frequently used living space (usually the lounge)
• One heat alarm in every kitchen
• All alarms must be interlinked (wirelessly or hardwired)
• One carbon monoxide alarm in any room with a combustion appliance

Energy Performance Certificate (EPC)

Valid EPC required at the start of tenancy and must be shown to prospective tenants. All new lets from 1 April 2025 must have at least EPC E — properties below E cannot be let. Scotland's proposed EPC C minimum is under discussion for 2028.

Legionella risk assessment

Required for all residential rental properties. Check water systems and ensure tanks are insulated and maintained.

Repairing Standard

Properties must meet the Repairing Standard under the Housing (Scotland) Act 2006. The tenant can refer breaches to the First-tier Tribunal.

Tenancy deposit protection

Deposits must be lodged with one of three approved schemes within 30 working days of receipt:

• SafeDeposits Scotland (most common)
• MyDeposits Scotland
• Letting Protection Service Scotland

Failure to protect a deposit can result in a penalty of up to 3× the deposit being awarded to the tenant by the Tribunal.

Tax implications for Scottish landlords

PRT tenancies don't change the tax rules, but landlords need to remember:

• Rental profit is taxed at Scottish rates (up to 48% at Top rate)
• Mortgage interest is not deductible — only a 20% tax credit (Section 24)
• Additional Dwelling Supplement (ADS) of 8% applies when buying additional properties
• Capital gains tax of 24% on sale (Higher rate)
• Making Tax Digital starts April 2026 for landlords earning over £50,000 gross rent

See our Buy-to-Let Tax Guide for the full picture.

Common landlord mistakes under PRT

1. Using an English AST template

Scottish tenancies must use the PRT statutory framework. English Assured Shorthold Tenancy templates are invalid in Scotland and cannot be used for new lets.

2. Trying to impose a fixed term

PRTs are open-ended. You cannot create a "6-month PRT" — if you try, the tenant still has the protections of a rolling PRT and can leave with 28 days' notice any time.

3. Missing the 12-month rule

Rent can only increase once per 12 months. Mid-year adjustments are invalid and the tenant can challenge them.

4. Ending tenancies for "no reason"

There's no equivalent to England's Section 21 in Scotland. You must always have one of the 18 statutory grounds.

5. Not registering as a landlord

This is enforcement-heavy. Councils are now actively cross-referencing deposit schemes with landlord registration lists to catch unregistered landlords.

Frequently Asked Questions

Can I still issue a short assured tenancy?

No — for any new let. Only tenancies created before 1 December 2017 remain under the old SAT regime. All new lets must use the PRT.

Can I evict a tenant who pays rent on time?

Only on grounds that don't relate to rent arrears — for example, if you intend to sell the property (ground 1), live in it yourself (ground 4), or have a family member move in (ground 5). You must genuinely intend to carry out the stated plan and could face penalties if you reletting the property after evicting on these grounds.

What if my tenant won't leave after the notice expires?

Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order. The tenant cannot be forced out until the Tribunal grants the order and the Sheriff Officers serve the eviction. This can take 3–6+ months from the notice expiry.

Can I take a larger deposit for a pet?

No. The maximum tenancy deposit is 2 months' rent under the 2011 regulations. You cannot add extra for pets, but you can include reasonable cleaning and repair clauses in the tenancy agreement.

Do I need an HMO licence?

If 3 or more unrelated people share the property, you need a House in Multiple Occupation (HMO) licence from the local authority. This is separate from landlord registration and significantly more complex. Don't let without one — penalties are severe.

Is it worth being a Scottish landlord in 2026/27?

The maths has got harder. Between Section 24 mortgage interest restrictions, 8% ADS, 42% Scottish Higher rate, rent controls, and tenant protection reforms, leveraged landlords are under real pressure. Cash buyers, portfolio landlords, and those using limited companies still find it profitable. See our Buy-to-Let Tax Calculator for the numbers.

Related Articles

• Buy-to-Let Tax Scotland — the tax side of being a Scottish landlord
• Rent Increase Calculator Scotland — check if a rent rise is lawful
• Scottish Rent Controls Explained — the 2022 freeze and Housing Act 2025 rules
• ADS Refund Guide — reclaim Additional Dwelling Supplement
• LBTT Explained — Scotland's property tax

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This article is for informational purposes only and does not constitute financial, tax, or legal advice. Tenancy law is complex and changes regularly — always verify current rules with mygov.scot and speak to a qualified solicitor before taking action on any tenancy matter.

Sources: Private Housing (Tenancies) (Scotland) Act 2016, Housing (Scotland) Act 2025, mygov.scot — Private Residential Tenancy, Landlord Registration Scotland