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A Private Residential Tenancy is the new type of Tenancy introduced in Scotland in December 2017.
A Private Residential Tenancy (PRT) is defined as:
If the property is let to a person as a separate dwelling.
A property can still be considered a separate dwelling even if some of the core facilities are shared with other tenants. For example, if a tenant rents only a bedroom in a flat, but has a right to use a shared bathroom and kitchen, the property will be treated as a separate dwelling because the tenant has access to the range of facilities required for it to be regarded as a separate dwelling.
If the tenant lives in it as their only or main home.
If the tenancy isn't excluded under schedule 1 of the Act.
Download a takeaway pdf of the top things to know about the Private Residential Tenancy.
Here are some of the key changes:
They are essentially open-ended. This means that a tenant can stay for as long or short time as they wish and they no longer need to commit to a 6 month term minimum. The landlord must now give a notice period of 28 days if they have lived in the property less than six months and 84 days’ notice if they’ve lived there more than 6 months.
These can only be carried out on an annual basis. Any rental increases must be given to tenants in writing 3 months before the increase is due to begin. If the tenant feels the increase is unfair, they can refer it to a rent officer.
If your tenant doesn't want to leave you can apply to the First Tribunal for an eviction for certain reasons. There are 18 possible reasons which are split into two sections, Mandatory and Discretionary. We’ve made a list of these so it is easier for you to digest.
If a tenant has lived in the property for longer than 6 months, landlords will have to give you at least 84 days’ notice to leave (unless you've broken a term in the tenancy agreement). However, if the tenancy is under 6 months, the landlord only has to give 28 days.
