There are plenty of excellent homes available to rent in Scotland, from cozy city flats to rural countryside homes, your options are endless. However, before you can settle in, you’ll need to fully understand your rental agreement – also known as a tenancy agreement.
In this guide, we’ll take a look at the key aspects of your tenancy agreement, so you can navigate your next move with confidence.

Types of tenancy agreements in Scotland

Here’s a brief breakdown of the most common types of rental agreements you might encounter:

• Private Residential Tenancy (PRT): Most common since December 2017, offering open-ended agreements with more tenant rights.
• Assured or short assured tenancy: These were common before 2017. Assured tenancies provide more security, while short assured tenancies had fixed terms.
• Common law tenancy: Applies if your landlord lives in the same property but you still have an exclusive area of the home. This has different rules than the PRT.

Always ensure you’re clear on which type of tenancy you have, as it affects your rights and obligations.

Key terms to look out for

Regardless of which tenancy you’re under, there are several critical components that every rental agreement should include. Let’s explore them.

Rent and deposit

The amount of rent and the schedule for payments will be detailed in your agreement. Pay close attention to:

• How much rent is due and when: Typically paid monthly, but some landlords may ask for weekly payments instead.
• Deposit details: In Scotland, your deposit (which cannot be more than two months' rent) must be secured in one of the three approved deposit schemes—SafeDeposits Scotland, MyDeposits Scotland, or Letting Protection Service Scotland.

Duration and termination

For PRTs, there’s no fixed duration, meaning the tenancy continues until either the tenant or landlord chooses to end it. However, the agreement should clearly explain: Notice periods: Tenants must give at least 28 days’ notice if they wish to leave, while landlords must give between 28 and 84 days, depending on how long you've lived in the property. Grounds for termination: Landlords must provide specific reasons for ending a tenancy, such as selling the property or using it themselves.

Repairs and maintenance

It’s essential to know who is responsible for maintenance and repairs. In most cases, landlords must ensure the property meets repairing standards, which means it is safe, weatherproof, and the heating, water, and electricity systems are in working order. However, tenants will likely be responsible for general upkeep, such as keeping the home clean and reporting any issues promptly.

Inventory

Your tenancy agreement may also include an inventory—a list of the furniture, fixtures, and appliances provided by the landlord. Ensure this list is accurate when you move in and take photographs of any existing damage to avoid disputes later when moving out.

Rent increases

Under a PRT, rent increases are regulated. Landlords can only raise the rent once a year, and they must provide at least 3 months' written notice. If you feel the increase is unfair, you can apply to a Rent Officer for a review.

Subletting and lodgers

If you plan to sublet the property or take on a lodger, it’s essential to check whether your agreement allows this. Many landlords will require written permission before allowing any changes to the occupancy.

 

For more lettings advice, contact our dedicated team today