What is a Private Residential Tenancy

A Private Residential Tenancy (PRT) is the standard type of tenancy for most private lets in Scotland, introduced on 1 December 2017.

A tenancy will usually be a PRT if:

The property is let to a person as a separate dwelling (it can still be a separate dwelling even if some core facilities are shared with other tenants).
Example: renting a bedroom in a flat with shared kitchen/bathroom can still be treated as a separate dwelling if the tenant has access to the facilities needed for day-to-day living.
The tenant lives in the property as their only or main home.

The tenancy is not excluded under Schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016.

Key changes to look out for

Here are some of the key changes:

Tenancies no long have an end date

PRTs are open-ended. This means:

Tenants can stay for as long (or as short) a time as they wish, and
There is no minimum fixed term like the old 6-month commitment in many previous tenancy types.

If a landlord wants to end a PRT, they must follow the legal process (including using an eviction ground and serving the correct notice).

Rent increases

Rent can usually be increased no more than once every 12 months.

Any rent increase must be:

given to the tenant in writing, and
with at least 3 months’ notice before the new rent starts.

If the tenant believes the increase is unfair, they can refer it to a rent officer for review.

Important note: There is not a general rent cap under the PRT rules unless the property is in a Rent Pressure Zone (and at the time of writing there are no Rent Pressure Zones in force).

Reasons for eviction

Landlords can’t end a PRT just because a fixed term has expired (because there isn’t one).

To regain possession, the landlord must:

rely on one (or more) of the 18 statutory eviction grounds, and
follow the correct legal process.

If the tenant does not leave after notice expires, the landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.

Notice Periods

Under a PRT, landlords must serve a Notice to Leave.

The notice period is not based only on how long the tenant has lived in the property. It depends on both:

how long the tenant has occupied the property, and
which eviction ground the landlord is using.

In most cases, the notice period will be either:

28 days, or
84 days.

Some grounds allow 28 days’ notice even where the tenant has lived in the property for more than 6 months, so it’s important to check the notice period that applies to the specific ground being used.

» Next article