What is a Private Residential Tenancy for a House?
A Private Residential Tenancy for a House is a contract between a landlord and a tenant for the rental of a house located in Scotland. Private Residential Tenancies for Houses cover things like safety, payment of rent, and house rules. Most private tenancies started on or after 1 December 2017 will be Private Residential Tenancies.
This document is for Scotland only.
When should I use a Private Residential Tenancy for a House?
Use this Private Residential Tenancy for a House:
to let out the whole of a house in Scotland
when you will not be living at the property
when the property will be the tenant's main home
when the tenant is a private individual or multiple private individuals (ie not a commercial tenant)
to formalise the terms of a private residential tenancy
PRIVATE RESIDENTIAL TENANCY AGREEMENT (SCOTLAND)
- of , contactable on and .
- Where this is a joint tenancy, the term 'Tenant' applies to each of the individuals above and the full responsibilities and rights set out in this Agreement apply to each Tenant who will be Jointly and Severally Liable for all of the obligations of the Tenant under this Agreement.
Definitions and Interpretation
The Private Housing (Tenancies) (Scotland) Act 2016.
Where a Tenant transfers their rights to a Private Residential Tenancy (or share in a joint tenancy) to another person, subject to obtaining the Landlord’s prior written permission.
In relation to premises, the structure and exterior of, and any common facilities within or used in connection with, the building or part of a building which includes the premises but only insofar as the structure, exterior and common facilities are not solely owned by the owner of the premises.
|Data Protection Laws|
Any law, statute, subordinate legislation, regulation, order, mandatory guidance or code of practice, judgment of a relevant court of law, or directives or requirements of any regulatory body which relates to the protection of individuals with regard to the processing of Personal Data to which a Party is subject including the Data Protection Act 2018 and any statutory modification or re-enactment thereof and the GDPR.
One or more of the grounds named in Schedule 3 of the Act on the basis of which an Eviction Order may be issued by the First-tier Tribunal for Scotland Housing and Property Chamber ('the Tribunal').
An order issued by the Tribunal which brings a Private Residential Tenancy to an end on a certain date.
Fixed Carbon-Fuelled Appliance
An appliance that is attached to the building fabric or connected to a mains fuel supply and burns fuel to produce energy.
The UK General Data Protection Regulation.
A third party, such as a parent or close relative, who agrees to pay Rent if the Tenant doesn’t pay it and meet any other obligation that the Tenant fails to meet. The Landlord can take legal action to recover from a Guarantor all payments of Rent, any other obligations under this Agreement, and any other payments due to the Landlord which the Tenant is required to pay under this Agreement.
House in Multiple Occupation (HMO)
Living accommodation is an HMO if it is occupied by three or more adults (aged 16 or over) from three or more families as their only or main residence and comprises either a house, premises or a group of premises owned by the same person with shared basic amenities (a toilet, personal washing facilities, and facilities for the preparation or provision of cooked food) as defined in section 125 of the Housing (Scotland) Act 2006.
Jointly and Severally Liable
Where there are two or more Joint Tenants, each Joint Tenant is fully liable to the Landlord(s) for the obligations of the Tenant under this Agreement including, in particular, the obligation to pay Rent. Likewise, each joint Landlord is fully liable to the Tenant(s) for the obligations of the Landlord under this Agreement.
Includes any Joint Landlord (also see ‘Jointly and Severally Liable’ above).
The property rented by the Tenant from the Landlord.
Works for the Landlord of a Let Property and offers a range of services from finding suitable Tenants, collecting Rent, arranging repairs etc.
Any person living in the Neighbourhood.
The local area of the Let Property.
A house is regarded as being overcrowded if it fails either of two tests - the Room Standard and/or the Space Standard (see definition of each test below).
Private Residential Tenancy
A tenancy where the property is let to an individual as a separate dwelling; the Tenant occupies all or part of it as the Tenant’s only or principal home; and the tenancy is not one which is excluded under schedule 1 of the Act.
A person who is entered in the register prepared and maintained by the local authority for the purposes of Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004.
Any sum payable periodically by the Tenant to the Landlord in connection with the tenancy (and includes, for the avoidance of doubt, any sums payable in respect of services, repairs, maintenance or insurance).
The notice that a Landlord under a Private Residential Tenancy must use when notifying a Tenant of a proposed rent increase.
An independent officer appointed by law who can decide how much Rent is payable under a Private Residential Tenancy. They can also decide the amount that a Landlord can add when increasing the Rent in a rent pressure zone to reflect any improvements made to a Let Property.
Rent Pressure Zone (RPZ)
A defined area in which Scottish Ministers have put a cap on how much rents for existing Tenants can be increased by each year. Any cap set by Scottish Ministers will be at least consumer prices index (CPI) plus 1%, and can last for up to 5 years. Landlords with property within a rent pressure zone can apply to a Rent Officer for an additional amount of rent to reflect any improvements they have made to the Let Property.
Includes any joint Tenant or joint sub-Tenant (also see ‘Jointly and Severally Liable’ above).
The First-tier Tribunal for Scotland Housing and Property
Chamber, the body which deals with all civil disputes arising from a Private Residential Tenancy.
The Room Standard
This is contravened when two people of opposite sexes, who are not living as husband and wife, have to sleep in the same room. This does not apply to children under 10. The rooms regarded as sleeping accommodation are defined as being 'of a type normally used in the locality either as a bedroom or as a living room'.
The Space Standard
Sets limits on the number of people who can occupy a house, relative to both the number and floor area of the rooms available as sleeping accommodation. For this purpose, children aged at least one but less than 10 count as half of a person, while children under the age of one do not count at all. Rooms of less than 50 square feet are not taken into account.
Declaring for the purposes of this Agreement that words in the singular include the plural, and where there are two or more persons included in the expression 'the Tenant' the obligations and conditions to be met by 'the Tenant', including payment of the Rent, apply to all such persons jointly and severally.
- The Landlord and Tenant agree that all communications which may or must be made under the Private Housing (Tenancies) (Scotland) Act 2016 and in relation to this Agreement, including notices to be served by one party on the other, will be made in writing by personal delivery or recorded delivery.
- For communication by email, it is essential that the Landlord(s) and Tenant(s) consider carefully whether this option is suitable for them. It should be noted that all notices will be sent by email, which includes important documents such as a Rent-Increase Notice and a notice to leave the Let Property.
- To ensure all emails can be received and read in good time, the Landlord(s) and Tenant(s) agree to inform each other as soon as possible of any new email address which is to be used instead of the email address notified in this Agreement.
- When sending a document electronically or by recorded delivery post, the document will be regarded as having been received 48 hours after it was sent, unless the receiving party can provide proof that they received it later than this. This extra delivery time should be factored into any required notice periods.
Details of the Let Property
- Address: , ('the Let Property').
- Type of Property: .
- Any other areas/facilities included with the Let Property: NONE.
- Any shared areas/facilities: NONE.
- Any excluded areas/facilities: NONE.
- The Let Property is .
- The Let property located in a rent pressure zone.
- The Let Property a House in Multiple Occupation (HMO).
Start Date of Tenancy
- The Private Residential Tenancy will start on ('the start date of the tenancy').
Occupation and Use of the Let Property
- The Tenant agrees to continue to occupy the Let Property as their home and must obtain the Landlord’s written permission before carrying out any trade, business or profession there.
- The Rent is £ payable .
- The first payment will be paid on and will be for the sum of £ in respect of the period to . (The maximum amount of Rent which can be paid in advance in 6 months' rent.)
- Thereafter payments of £ must be received on the same day.
- Method by which Rent is to be paid: . (This is the preferred method but Rent may be paid using another method if it is reasonable in the circumstances.)
- The following services are included in the rent amount noted above: .
- Where any payment of Rent is made in cash, the Landlord must provide the Tenant with a dated written receipt for the payment stating: the amount paid, and either (as the case may be) the amount which remains outstanding, or confirmation that no further amount remains outstanding.
- The Rent cannot be increased more than once in any twelve-month period and the Landlord must give the Tenant at least three months’ notice before any increase can take place. In order to increase the Rent, the Landlord must give the Tenant a Rent-Increase Notice, the content of which is set out in ‘The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017’. The notice will be sent using the communication method agreed in the ‘Communication’ clause above.
- Within 21 days of receiving a Rent-Increase Notice, the Tenant can refer the increase to a Rent Officer for adjudication if they consider that the rent increase amount is unreasonable, unless the property is located in a Rent Pressure Zone (RPZ). Before submitting a referral to a Rent Officer for rent adjudication, the Tenant must complete Part 3 of the Rent-Increase Notice and return it to the Landlord to notify the Landlord of their intention to make a referral to a Rent Officer. Failure to return Part 3 to the Landlord will mean that the rent increase will take effect from the date proposed in the notice.
- If the Let Property is located within a rent pressure zone, the Tenant cannot refer a rent increase to a Rent Officer as Scottish Ministers will have set a cap on the maximum amount the rent can be increased.
Notification About Other Residents
- If a person aged 16 or over (who is not a Joint Tenant) occupies the Let Property with the Tenant as that person’s only or principal home, the Tenant must tell the Landlord in writing that person’s name, and relationship to the Tenant.
- If that person subsequently leaves the Let Property the Tenant must tell the Landlord.
- The Tenant will take reasonable care to ensure that anyone living with them does not do anything that would be a breach of this Agreement if they were the Tenant. If they do, the Tenant will be treated as being responsible for any such action and will be liable for the cost of any repairs, renewals or replacement of items where required.
- When allowing a person to occupy the Let Property with the Tenant as that person’s only or principal home, the Tenant must ensure that the Let Property does not become an unlicensed 'House in Multiple Occupation' (HMO).
- The Tenant will be liable for reasonable costs and expenses, including if applicable, legal or court expenses, payable by the Landlord or their Agent as a result of the accommodation being, as a consequence of the Tenant’s breach, deemed an unlicensed or unregistered 'House in Multiple Occupation'.
Subletting and Assignation
- Unless the Tenant has received prior written permission from the Landlord, the Tenant must not:
- sublet the Let Property (or any part of it),
- take in a lodger,
- assign the Tenant’s interest in the Let Property (or any part of it), or
- otherwise part with, or give up to another person, possession of the Let Property (or any part of it).
- The number of people who may live in a Let Property depends on the number and size of the rooms, and the age, gender and relationships of the people. Living rooms and bedrooms are counted as rooms, but not the kitchen or bathroom.
- The Tenant must not allow the Let Property to become overcrowded. If the Let Property does become overcrowded, the Landlord can take action to evict the Tenant as the Tenant has breached this term of this Agreement.
- The Landlord is responsible for paying premiums for any insurance of the building and contents belonging to them, such as those items included in the property inventory. The Landlord will have no liability to insure any items belonging to the Tenant.
- The Tenant is responsible for arranging any contents insurance which the Tenant requires for their own belongings. The Tenant’s belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought into the Let Property by the Tenant.
- The Tenant agrees to tell the Landlord if they are to be absent from the Let Property for any reason for a period of more than 14 days. The Tenant must take such measures as the Landlord may reasonably require to secure the Let Property prior to such absence and take appropriate reasonable measures to meet the ‘Reasonable Care’ section below.
- The Tenant agrees to take reasonable care of the Let Property and any Common Parts, and in particular agrees to take all reasonable steps to:
- keep the Let Property adequately ventilated and heated;
- not bring any hazardous or combustible goods or material into the Let Property, notwithstanding the normal and safe storage of petroleum and gas for garden appliances (mowers etc.), barbecues or other commonly used household goods or appliances;
- not put any damaging oil, grease or other harmful or corrosive substance into the washing or sanitary appliances or drains;
- prevent water pipes freezing in cold weather;
- avoid danger to the Let Property or neighbouring properties by way of fire or flooding;
- ensure the Let Property and its fixtures and fittings are kept clean during the tenancy;
- not interfere with the smoke detectors, carbon monoxide detectors, heat detectors or the fire alarm system;
- not interfere with door closer mechanisms.
The Repairing Standard and Other Information
- The Landlord is responsible for ensuring that the Let Property meets the Repairing Standard.
- The Landlord must carry out a pre-tenancy check of the Let Property to identify work required to meet the Repairing Standard (described below) and notify the Tenant of any such work. The Landlord also has a duty to repair and maintain the Let Property from the start date of the tenancy and throughout the tenancy. This includes a duty to make good any damage caused by doing this work. On becoming aware of a defect, the Landlord must complete the work within a reasonable time.
- A privately rented Let Property must meet the Repairing Standard as follows:
- The Let Property must be wind and watertight and in all other respects reasonably fit for people to live in.
- The structure and exterior (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order.
- Installations for supplying water, gas and electricity and for sanitation, space heating and heating water must be in a reasonable state of repair and in proper working order.
- Any fixtures, fittings and appliances that the Landlord provides under the tenancy must be in a reasonable state of repair and in proper working order.
- Any furnishings that the Landlord provides under the tenancy must be capable of being used safely for the purpose for which they are designed.
- The Let Property must have a satisfactory way of detecting fires and for giving warning in the event of a fire or suspected fire.
- The Let Property must have a satisfactory way of giving warning if there is a hazardous concentration of carbon monoxide gas.
- The Repairing Standard does not cover work for which the Tenant is responsible due to their duty to use the Let Property in a proper manner; nor does it cover the repair or maintenance of anything that the Tenant is entitled to remove from the Let Property.
- Structure & exterior:
- The Landlord is responsible (together with any other owners of Common Parts of the building in which the accommodation is situated, if appropriate) for keeping in repair the structure and exterior of the accommodation.
- Gas safety:
- The Landlord must ensure that there is an annual Gas safety check on all pipework and appliances carried out by a Gas Safe registered engineer. The Tenant must be given a copy of the Landlord’s gas safety certificate. The Landlord must keep certificates for at least 2 years. The Gas Safety (Installation and Use) Regulations 1998 places duties on Tenants to report any defects with gas pipework or gas appliances that they are aware of to the Landlord. Tenants are forbidden to use appliances that have been deemed unsafe by a gas contractor.
- The Landlord must also ensure that a carbon monoxide detector is installed where there is a Fixed Carbon-Fuelled Appliance (excluding an appliance used solely for cooking) or where a Fixed Carbon-Fuelled Appliance is situated in an inter-connected space such as a garage. A carbon monoxide detector is also required in the bedrooms and main living room if a flue from a carbon-fuelled appliance passes through the room. 'Carbon-fuelled' includes wood, coal and oil as well as gas.
- Electrical safety:
- The Landlord must ensure that an electrical safety inspection is carried out at least every five years consisting of an Electrical Installation Condition Report (EICR) and Portable Appliance Testing (PAT) on appliances provided by the Landlord. The EICR must be completed by a suitably competent person.
- The Tenant must be given a copy of the EICR and any PAT.
- Smoke detectors:
- The Landlord must ensure that mains powered smoke alarms are installed in (i) the room which is frequently used by the occupants for general daytime living purposes and (ii) every circulation space such as hallways or landings, there must also be a heat alarm in the kitchen. All alarms should be interlinked.
- The Landlord will keep in repair and in proper working order the installations in the Let Property for the supply of water, gas, electricity, sanitation, space heating and water heating (with the exception of those installed by the Tenant or which the Tenant is entitled to remove).
- Energy Performance Certificate (EPC):
- A valid EPC (not more than 10 years old) must be given to the Tenant at the start date of the tenancy, unless the Tenant is renting a room with shared access to a kitchen, bathroom and living area.
- Landlords should ensure that all upholstered furniture provided complies with the Furniture and Furnishings (Fire Safety) Regulations 1988 as amended, as evidenced by the permanent labelling.
- Defective fixtures and fittings:
- All fixtures and fittings provided by the Landlord in the Let Property should be in a reasonable state of repair and in proper working order. The Landlord will repair or replace any of the fixtures, fittings or furnishings supplied which become defective and will do so within a reasonable period of time. Nothing contained in this Agreement makes the Landlord responsible for repairing damage caused wilfully or negligently by the Tenant, anyone living with the Tenant or an invited visitor to the Let Property.
The Tenant undertakes to notify the Landlord as soon as is reasonably practicable of the need for any repair or emergency. The Landlord is responsible for carrying out necessary repairs as soon as is reasonably practicable after having been notified of the need to do so.
- The Tenant must allow the Landlord reasonable access to the Let Property to enable the Landlord to fulfil their duties under the repairing standard (see the clause on ‘Access for Repairs’).
- Payment for repairs:
- The Tenant will be liable for the cost of repairs where the need for them is attributable to their fault or negligence, that of any person residing with them, or any guest of theirs.
- In addition to this Agreement, the Landlord must give to the Tenant:
- gas safety certificate;
- electrical safety inspection reports (EICR and PAT);
- energy performance certificate (unless the Tenant is renting a room with shared access to a kitchen, bathroom and living area).
- In addition to this Agreement, the Landlord must give to the Tenant:
- Structure & exterior:
- At the start of the tenancy and throughout, the Landlord must take reasonable steps to assess any risk from exposure to legionella to ensure the safety of the Tenant in the Let Property.
Access for Repairs, Inspections and Valuations
- The Tenant must allow reasonable access to the Let Property for an authorised purpose where the Tenant has been given at least 48 hours’ notice, or access is required urgently. Authorised purposes are carrying out work in the Let Property which the Landlord is required to or is allowed to, either by law, under the terms of this Agreement, or any other agreement between the Landlord and the Tenant; inspecting the Let Property to see if any such work is needed; and carrying out a valuation of the Let Property. The right of access also covers access by others such as a contractor or tradesman hired by the Landlord.
- There is nothing to stop the Tenant and Landlord from mutually agreeing more generous rights of access if both parties want to resolve a non-urgent problem more promptly.
- The Landlord has no right to use retained keys to enter the Let Property without the Tenant’s permission, except in an emergency.
Respect for Others
- The Tenant, those living with them, and their visitors must not engage in antisocial behaviour to another person. A person includes anyone in the Let Property, a Neighbour, visitor, the Landlord, Agent or contractor.
- 'Antisocial behaviour' means behaving in a way which causes, or is likely to cause, alarm, distress, nuisance or annoyance to any person; or which amounts to harassment of any person. Harassment of a person includes causing the person alarm or distress. Antisocial behaviour includes speech.
- In particular, the Tenant, those living with them, and their visitors must not:
- make excessive noise. This includes, but is not limited to, the use of televisions, CD players, digital media players, radios and musical instruments and DIY and power tools;
- fail to control pets properly or allow them to foul or cause damage to other people’s property;
- allow visitors to the Let Property to be noisy or disruptive;
- vandalise or damage the Let Property or any part of the Common Parts or Neighbourhood;
- leave rubbish either in unauthorised places or at inappropriate times;
- allow any other person (including children) living in or using the property to cause a nuisance or annoyance to other people by failing to take reasonable steps to prevent this; or
- harass any other Tenant, member of their household, visitors, Neighbours, family members of the Landlord or employees of the Landlord or Agent, or any other person or persons in the house, or Neighbourhood, for whatever reason. This includes behaviour due to that person’s race, colour or ethnic origin, nationality, gender, sexuality, disability, age, religion or other belief, or other status.
- In addition, the Tenant, those living with them, and their visitors must not engage in the following unlawful activities:
- use or carry offensive weapons;
- use, sell, cultivate or supply unlawful drugs or sell alcohol;
- store or bring onto the premises any type of unlicensed firearm or firearm ammunition including any replica or decommissioned firearms;
- use the Let Property or allow it to be used, for illegal or immoral purposes; or
- threaten or assault any other Tenant, member of their household, visitors, Neighbours, family members of the Landlord or employees of the Landlord or Agent, or any other person or persons in the house, or Neighbourhood, for whatever reason.
- The particular prohibitions on behaviour listed above do not in any way restrict the general responsibilities of the Tenant.
- Under the Equality Act 2010, the Landlord must not unlawfully discriminate against the Tenant or prospective Tenant on the basis of their disability, sex, gender reassignment, pregnancy or maternity, race, religion or belief or sexual orientation.
- The Landlord must comply with the requirements of the Data Protection Laws to ensure that the Tenant’s personal information is held securely and only lawfully disclosed.
Ending the Tenancy
- This Tenancy may be ended by:
- The Tenant giving notice to the Landlord
- The Tenant giving the Landlord at least 28 days’ notice in writing to terminate the tenancy, or an earlier date if the Landlord is content to waive the minimum 28 day notice period. Where the Landlord agrees to waive the notice period, their agreement must be in writing. The tenancy will come to an end on the date specified in the notice or, where appropriate, the earlier date agreed between the Tenant and Landlord. To end a joint tenancy, all the Joint Tenants must agree to end the tenancy. One Joint Tenant cannot terminate the joint tenancy on behalf of all Joint Tenants.
- The Landlord giving notice to the Tenant, which is only possible using one of the 18 grounds for eviction set out in Schedule 3 of the Act. This can happen either:
- By the Landlord giving the Tenant a Notice to Leave stating one or more of the Eviction Grounds, and the Tenant choosing to leave. In this case, the tenancy will come to an end on the day specified in the Notice to Leave, or the day on which the Tenant actually leaves the Let Property, whichever is the later; or
- By the Landlord giving the Tenant a Notice to Leave stating one or more of the Eviction Grounds and then, if the Tenant chooses not to leave on the day after the notice period expires, subsequently obtaining an Eviction Order from the Tribunal on the stated eviction ground(s). In this case, the tenancy will come to an end on the date specified in the Eviction Order.
- The Tenant giving notice to the Landlord
- The Landlord can bring the tenancy to an end only if one of the 18 grounds for eviction apply. If the Landlord serves a Notice to Leave on the Tenant, they must specify which eviction ground(s) is being used, and give the reasons why they believe this eviction ground applies.
- If the Landlord applies to the Tribunal for an Eviction Order, the Tribunal will ask the Landlord to provide supporting evidence for any eviction ground(s) being used.
- The amount of notice a Landlord must give the Tenant will depend on which eviction ground is being used by the Landlord and how long the Tenant has lived in the Let Property.
- The Landlord must give the Tenant at least 28 days’ notice if, on the day the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for six months or less, or if the eviction ground (or grounds) that the Landlord is stating is one or more of the following. The Tenant:
- is not occupying the Let Property as their only or principal home;
- has breached the tenancy agreement;
- is in rent arrears for three or more consecutive months;
- has a relevant criminal conviction;
- has engaged in relevant antisocial behaviour; or
- has associated with a person who has a relevant conviction or has engaged in antisocial behaviour.
- The Landlord must give the Tenant at least 84 days’ notice if, on the date the Tenant receives the Notice to Leave, the Tenant has been entitled to occupy the Let Property for over six months and the Notice to Leave does not rely exclusively on one (or more) of the Eviction Grounds already mentioned in this paragraph.
- The Landlord must secure repossession only by lawful means and must comply with all relevant legislation affecting private residential tenancies.
- The Tenant agrees to remove all of their belongings when the Tenancy ends. The Tenant's belongings may include personal effects, foodstuffs and consumables, belongings, and any other contents brought in to the Let Property by the Tenant.
Local Authority Taxes/Charges
- The Tenant will notify the local authority that they are responsible for paying the council tax and any other associated charges.
- Unless exempt, the Tenant will be responsible for payment of any council tax and water and sewerage charges, or any local tax which may replace this. The Tenant will advise the local authority of the start date and end date of the tenancy and apply for any exemptions or discounts that they may be eligible for.
- The Tenant undertakes to ensure that the accounts for the supply to the Let Property of gas, electricity, telephone, TV licence, internet or broadband are entered in their name with the relevant supplier. The Tenant agrees to pay promptly all sums that become due for these supplies relative to the period of the tenancy.
- The Tenant agrees to make the necessary arrangements with the suppliers to settle all accounts for these services at the end of the tenancy.
- The Tenant has the right to change supplier if they pay the energy supplier directly for gas or electricity. This includes if the Tenant has a prepayment meter. The Tenant agrees to inform the Landlord if they choose to change the utilities supplier, and to provide the Landlord with details of the new supplier.
- If the Tenant allows the meter to be changed from or to a pre-payment meter during the tenancy, the Tenant is responsible for the reasonable cost of changing the meter back over at the end of the tenancy, unless the Landlord wishes it to remain.
- The Tenant agrees not to make any alteration to the Let Property, its fixtures or fittings, nor to carry out any internal or external decoration without the prior written consent of the Landlord.
- Any request for adaptations, auxiliary aids or services under section 37 of the Equality Act 2010 or section 52 of the Housing (Scotland) Act 2006 must be made in writing to the Landlord and any other owners of the Common Parts, where appropriate. Consent for alterations requested under this legislation should not be unreasonably withheld. If no consent is given for the adaptations the Tenant may appeal to the Tribunal in relation to section 52 (or sheriff court in relation to section 37) within 6 months of being notified of the decision.
- The Tenant will not keep any animals or pets in the Let Property without the prior written consent of the Landlord. Any pet (where permitted) will be kept under supervision and control to ensure that it does not cause deterioration in the condition of the Let Property or common areas, nuisance either to Neighbours or in the locality of the Let Property.
- The Tenant agrees not to smoke, or to permit visitors to smoke tobacco or any other substance, in the Let Property, without the prior written consent of the Landlord.
- The Tenant will not smoke in stairwells or any other Common Parts.
Bins and Recycling
- The Tenant agrees to dispose of or recycle all rubbish in an appropriate manner and at the appropriate time. Rubbish must not be placed anywhere in the common stair at any time. The Tenant must take reasonable care to ensure that the rubbish is properly bagged or recycled in the appropriate container. If rubbish is normally collected from the street, on the day of collection it should be put out by the time specified by the local authority. Rubbish and recycling containers should be returned to their normal storage places as soon as possible after it has been collected. The Tenant must comply with any local arrangements for the disposal of large items.
Governing Law and Jurisdiction
- This Agreement shall be governed by and interpreted according to the laws of Scotland and the Private Housing (Tenancies) (Scotland) Act 2016 and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.
- In signing this Agreement and taking entry to the Let Property, the Tenant confirms that they:
- have made full and true disclosure of all information sought by the Landlord or Letting Agent in connection with the granting of this tenancy.
- have not knowingly or carelessly made any false or misleading statements (whether written or oral) which might affect the Landlord's decision to grant the tenancy.
- read and understood all of the terms of this Agreement including the accompanying legal commentary.
Private residential tenancies are not subject to the Requirements of Writing (Scotland) Act 1995, so this Agreement can be ‘signed’ by the Tenant(s) and Landlord(s) typing their names into the electronic document and sending it by email if all parties agree to this. A physical copy can be signed instead if this is preferred.
Schedule 3 to the Act - Eviction Grounds
Schedule 3 sets out the 18 grounds under which a Landlord may seek eviction.
Mandatory Eviction Grounds
If the Tribunal is satisfied that any of the mandatory Eviction Grounds exists, it must issue an Eviction Order. The eight mandatory grounds are:
- The Landlord intends to sell the Let Property for market value within three months of the Tenant ceasing to occupy it.
- Let Property to be sold by the mortgage lender.
- The Landlord intends to refurbish and this will entail significantly disruptive works to, or in relation to, the Let Property.
- The Landlord intends to live in the Let Property as their only or principal home.
- The Landlord intends to use the Let Property for a purpose other than providing a person with a home.
- The Let Property is held for a person engaged in the work of a religious denomination as a residence from which the duties of such a person are to be performed; the Let Property has previously been used for that purpose; and the Let Property is required for that purpose.
- The Tenant is not occupying the Let Property as their only or principal home or has abandoned the Let Property.
- After the start date of the tenancy, the Tenant is convicted of using, or allowing the use of, the Let Property for an immoral or illegal purpose, or is convicted of an imprisonable offence committed in or in the locality of the Let Property. The application must usually be made within 12 months of the Tenant’s conviction.
Discretionary Eviction Grounds
Even if the Tribunal is satisfied that a discretionary ground exists, it will still have discretion on whether to issue an Eviction Order. The eight discretionary grounds are:
- A member of the Landlord’s family intends to live in the Let Property as their only or principal home.
- The tenancy was entered into on account of the Tenant having an assessed need for community care and the Tenant has since been assessed as no longer having such need.
- The Tenant has breached the tenancy agreement – this excludes the payment of Rent.
- The Tenant has acted in an antisocial manner to another person and the Tribunal is satisfied that it is reasonable to issue an Eviction Order given the nature of the behaviour and who it was in relation to or where it occurred. The application must usually be made within 12 months of the antisocial behaviour occurring.
- The Tenant is associating in the Let Property with a person who has a relevant conviction or who has engaged in relevant antisocial behaviour. A relevant conviction is a conviction which, if it was the Tenant’s, would entitle the Tribunal to issue an Eviction Order. Relevant antisocial behaviour means behaviour which, if engaged in by the Tenant, would entitle the Tribunal to issue an Eviction Order. The application must usually be made within 12 months of the conviction or antisocial behaviour.
- Landlord registration has been refused or revoked by a local authority.
- House in Multiple Occupation (HMO) license revoked by the local authority.
- Overcrowding statutory notice in respect of the Let Property has been served on the Landlord.
Eviction Grounds with Both a Mandatory and a Discretionary Strand.
These two Eviction Grounds have both a mandatory and a discretionary strand, so the Tribunal will have discretion over whether to issue an Eviction Order in some circumstances, but not in others:
- The Tenant is in rent arrears. (This ground is mandatory if, for three or more months, the Tenant has been continuously in arrears of Rent and on the day the Tribunal considers the case, the arrears are at least one month’s Rent. The Tribunal must also be satisfied that the arrears are not due to a delay or failure in the payment of a relevant benefit. This ground is discretionary if the Tenant has been in arrears of Rent for three or more months, and on the first day the Tribunal considers the case, the arrears are less than one month’s Rent and the Tribunal is satisfied that it is reasonable on this basis to issue an Eviction Order. In deciding whether it is reasonable to evict, the Tribunal will consider whether the Tenant being in arrears is due to a delay or failure in the payment of a relevant benefit.)
- The tenancy was granted to an employee and the Tenant is no longer an employee. (This ground is mandatory if the application for eviction was made within 12 months of the Tenant ceasing to be - or failing to become - an employee and discretionary if the application is made after the 12 month period has elapsed.)
About Private Residential Tenancies for Houses
Learn more about making your Private Residential Tenancy for a House
How to make a Private Residential Tenancy for a House
Making a Private Residential Tenancy for a House online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Private Residential Tenancy for a House you will need the following information:
What are the landlord’s details (eg legal structure, name, address, registration number, email and phone number)?
Will the landlord use a letting agent?
If so, what are the letting agent’s details (eg name, address, registration number, email and phone number)?
What are the tenant’s details (eg name, current address and phone number)?
Does the landlord require guarantors?
If so, what are the guarantors’ names and addresses?
What is the property’s address?
What type of property is being let?
What areas and facilities are included?
What shared areas and facilities can be used as part of the Tenancy?
What excluded areas and facilities cannot be used as part of the Tenancy?
Is the property furnished or unfurnished?
Is the property located in a rent pressure zone?
What is the start date of the Private Residential Tenancy for a House?
Is there an Inventory?
House in multiple occupation (HMO)
Is the property an HMO? If so:
What is the HMO 24-hour contact number?
What is the HMO licence expiry date?
What are the rent amount and the rent frequency?
Is rent payable in advance or in arrears?
How should rent be paid?
What are the amount and due date for the first rent payment?
What period does the first rent payment cover?
Are any services included in the rent?
If so, what services are included and what is their cost?
What is the deposit amount?
Which deposit scheme is used to protect the deposit?
Common terms in a Private Residential Tenancy for a House
A Private Residential Tenancy for a House should be used to rent out a house located in Scotland. To facilitate this, this Private Residential Tenancy for a House covers:
This section sets out the details of the tenant (or tenants) under the Private Residential Tenancy for a House. It also highlights that, in joint tenancies, all individuals involved are referred to as ‘tenant’ and are equally responsible for fulfilling all of the tenant’s obligations under the Private Residential Tenancy for a House. This means that they are jointly and severally liable for all tenant obligations.
This section provides the details of the landlord (or landlords).
If applicable, this section sets out the details of the letting agent.
If applicable, this section sets out the details of the tenant’s guarantor (or guarantors).
Definitions and interpretation
This section sets out meanings for certain defined terms used throughout the Private Residential Tenancy for a House. For ease of identification, all defined terms are capitalised throughout the Private Residential Tenancy. Examples of the defined terms include ‘Landlord’, ‘Private Residential Tenancy’, ‘Rent’ and ‘Tenant’.
This section sets out how any notices (and other communications) must be served (ie sent and delivered) under this Private Residential Tenancy for a House.
Details of the let property
This section sets out the details of the house that is being rented out to the tenant. This, for example, includes:
the address of the house
the type of property
any shared areas/facilities
whether the house is furnished or unfurnished
Start date of tenancy
This section sets out the tenancy start date under the Private Residential Tenancy for a House.
Occupation and use of the let property
This section sets out that the tenant occupies the property as their home. It clarifies that, if the tenant wishes to carry out any trade, business or profession at the property, they must first obtain the landlord’s written permission to do so.
This section sets out details relating to the rent and all rent payments.
This section sets out that, for any rent payments made in cash, the landlord must provide a written Rent receipt setting out the date, the amount paid and whether there is any outstanding balance.
This section sets out how and when the rent can be increased during the tenancy. For more information, read Private renting rent increases in Scotland.
This section is only included if the landlord requires a deposit from the tenant. It sets out information about the deposit, including how much it is, in which deposit protection scheme it will be placed and when deductions can be made from the deposit.
Notification about other residents
This section requires the tenant to inform the landlord in writing about any person over 16 years old who occupies the property as their only or main residence. The tenant is responsible for ensuring that any occupants of the property do not breach the Private Residential Tenancy for a House and must prevent the property from becoming an unlicensed HMO, for which the tenant will be liable for any costs and expenses incurred by the landlord or agent.
Subletting and assignation
This section sets out that the tenant cannot sublet the property, assign (ie transfer) their interest in the property, take in a lodger or otherwise part with the property without the landlord’s prior written consent.
This section specifies that the number of occupants that’s appropriate in a rented property is dependent on the number and size of rooms, as well as the ages, genders and relationships of the tenants. The tenant is not allowed to let the property become overcrowded, and the landlord may take eviction action if this condition is breached.
This section states that the landlord is responsible for insuring the building and its contents belonging to them. The tenant is responsible for arranging their own contents insurance for personal belongings, foodstuffs and any other items they bring into the property.
This section requires the tenant to inform the landlord if they will be absent from the property for more than 14 days. It also requires the tenant to take steps to secure the property before leaving and to take reasonable measures to meet the requirements for reasonable care as specified in the Private Residential Tenancy for a House.
This section sets out the tenant’s agreement to take reasonable care of the property and any common parts. This includes, but is not limited to:
keeping the property adequately ventilated and heated
preventing water pipes from freezing in cold weather
not interfering with door closer mechanisms
The Repairing Standard and other information
This section details the landlord’s responsibility to ensure that the property meets the Repairing Standard. This includes:
carrying out a pre-tenancy check of the property to identify work required to meet the Repairing Standard and notifying the tenant of any such work
the landlord’s duty to repair and maintain the property from the start date of the Private Residential Tenancy for a House and throughout the term of the tenancy
This section sets out the landlord’s obligation to take reasonable steps to assess any risks posed by exposure to legionella to ensure the safety of the tenant in the property.
Access for repairs, inspections and valuations
This section requires the tenant to allow the landlord reasonable access to the property for authorised purposes (eg carrying out work required or allowed by law). The tenant and landlord can agree on more generous rights of access if desired, but the landlord cannot use retained keys to enter the property without the tenant's permission except in an emergency.
Respect for others
This section sets out the tenant’s responsibility to ensure that they, those living with them and their visitors do not engage in antisocial behaviour toward other people. It also sets out that the tenant (and those living with them and any visitors) must not engage in unlawful activities while on the property.
This section details the landlord’s responsibility under the Equality Act 2010 not to discriminate against tenants based on their disability, sex, gender reassignment, pregnancy or maternity, race, religion or belief, or sexual orientation.
This section sets out the landlord’s responsibility to comply with data protection laws (eg the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018) and to ensure that the tenant’s information is held securely and only lawfully disclosed. For more information, read Data protection for private landlords.
Ending the tenancy
This section sets out how the Private Residential Tenancy for a House can be brought to an end by the tenant or by the landlord.
Contents and condition
This section is only included if an Inventory has been made for the property. It sets out that the tenant must check and verify the inventory and record the condition of the property and its fixtures and fittings within 7 days of the tenancy start date and must inform the landlord of any discrepancies. It also sets out the tenant’s responsibility for repairing or replacing any damaged, lost or removed contents with items of equivalent value and quality, if they (or anyone living with them or their invited visitors) caused the issue, except for fair wear and tear.
Local authority taxes/charges
This section details the tenant’s responsibility for paying council tax on the property and any water and sewerage charges, unless exempt.
This section states that the tenant is responsible for ensuring that gas, electricity, telephone, TV licence and internet or broadband contracts are entered in their name and that the tenant agrees to promptly pay all of the bills. It further sets out the tenant’s right to change a supplier, provided they inform the landlord and provide details of the new supplier. If the tenant changes a meter to a pre-payment meter, they are responsible for the cost of changing it back at the end of the tenancy, unless the landlord wants it to remain.
This section sets out that the tenant may not make alterations to the property (including decorations) without the prior written consent of the landlord. It also sets out how any requests for adaptations, auxiliary aids or services under the Equality Act 2010 must be made.
This section is only included if the landlord requires the tenant to provide a guarantor. It sets out the guarantor’s liabilities under the Private Residential Tenancy for a House.
This section sets out that the tenant may not keep any animals or pets at the property without the landlord’s prior written consent. Where such consent is given, and the tenant is allowed to have a pet in the property, it also sets out the tenant’s obligations with regard to the pet.
This section sets out that the tenant must not smoke (or permit others to smoke) in the property without the landlord’s prior written consent.
Bins and recycling
This section outlines the Tenant's responsibility to dispose of and recycle rubbish properly and at the appropriate time. This includes ensuring all rubbish is properly bagged or recycled in the correct container and that rubbish and recycling containers are returned to their storage places as soon as possible after collection.
Governing law and jurisdiction
This section sets out that this Private Residential Tenancy for a House is made under the Private Housing (Tenancies) (Scotland) Act 2016 and that all disputes arising under it must be dealt with in the courts of Scotland. This is the jurisdiction of this Private Residential Tenancy.
This section is a declaration by the tenant that confirms that they have provided all requested information truthfully, have not made any false or misleading statements and have read and understood all the terms of the Private Residential Tenancy for a House before taking entry to the property.
Schedule 3 to the Act - Eviction grounds
This section includes Schedule 3 to the Private Housing (Tenancies) (Scotland) Act 2016, which details the potential grounds for eviction. For more information, read Grounds for eviction in Scotland and Tenant eviction in Scotland FAQs.
If you want your Private Residential Tenancy for a House to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Private Residential Tenancy for a House for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Legal tips for making a Private Residential Tenancy for a House
Make sure the Private Residential Tenancy for a House is right for your needs
Various types of residential tenancy agreements exist and you should make sure to create one that is suitable for your needs and circumstances. This Private Residential Tenancy for a House should be used when you are renting out a house in Scotland. If you are renting out a different property in Scotland, consider using a:
Private residential tenancy for a flat - to rent out a flat that you don’t live in
Private residential tenancy for a room - to rent out a room in a shared property that you don't live in
Lodger agreement for Scotland - to rent out a spare room in your home
For more information, read Residential tenancies in Scotland.
If you want to rent out a property in England, you will need to make an appropriate Tenancy agreement. If you want to rent out a property in Wales, you will need to make an appropriate Occupation contract. For more information, read Residential tenancies and Residential tenancies in Wales.
Understand your obligations regarding tenancy deposits
By law, tenancy deposits in Scotland cannot exceed 2 months’ rent. They also cannot include any premiums. For example, charging an administration fee or taking a holding fee (regardless of whether or not the holding fee is refundable).
All deposits taken by landlords must be placed in a Government-approved deposit protection scheme within 30 days of the beginning of the tenancy. The landlord must then provide certain prescribed information to the tenant (within 30 days of receiving the deposit).
For more information, see the FAQ ‘Do I need to protect the tenant's deposit?’ and read Deposit protection schemes and Prescribed information for tenancy deposits in Scotland.
Comply with your legal obligations as a landlord
It is crucial that you comply with your legal obligations as a landlord in Scotland. This includes ensuring that a tenant’s deposit is protected, and also includes:
obtaining any necessary HMO licences
ensuring the property complies with the Repairing Standard
carrying out Annual Landlord Gas Safety Record checks for all gas appliances
providing fire extinguishers and installing interlinked smoke and heat alarms
carrying out a legionella risk assessment
providing tenants with an up-to-date Energy Performance Certificate (EPC)
providing tenants with the Scottish Government’s Easy Read Notes for the Scottish Government Model Private Tenancy Agreement or Supporting Notes on Private Residential Tenancies
For more information, read Legal obligations of a landlord in Scotland.
Understand when to seek advice from a lawyer
Ask a lawyer for advice if:
you're unsure of your responsibilities as a landlord
this document doesn't meet your needs or cover what you want
you wish to evict a tenant in Scotland
Private Residential Tenancy for a House FAQs
What is included in a Private Residential Tenancy for a House?
This Private Residential Tenancy for a House template covers:
the start date of the tenancy
the name of the landlord(s) and tenant(s)
statutory terms contained within the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017
rent payable and the due date for rent payments
who is responsible for decorations, repairs and maintenance of the property
insurance of belongings in the property
whether any furniture is provided
whether taking in lodgers and subletting are allowed
What is a Private Residential Tenancy?
A private residential tenancy is a specific type of contract between a landlord and a tenant. Since 1 December 2017, most private tenancies in Scotland are private residential tenancies.
A private residential tenancy is defined as a tenancy that started on or after 1 December 2017 where:
let the property is let to the tenant as a separate dwelling (ie as a home)
the tenant is an individual (ie not a business)
the property is the tenant's main or only home
Why do I need a Private Residential Tenancy for a House?
As a landlord, you must give your tenant all the terms of their Private Residential Tenancy for a House in writing. If you don't you'll be breaking the law.
It's also recommended that you set out all of the agreed terms, such as rules about pets and smoking and deposit information, in the Private Residential Tenancy as this will help clarify things from the start.
For more information, read Renting out property in Scotland.
Do landlords need to be registered in Scotland?
Landlords in Scotland are legally required to register with the local council before renting out residential property. It’s the landlord’s responsibility to apply to the local council for registration. The council will carry out checks to make sure you’re a fit and proper person to be acting as a landlord.
This can be done online by going to the Landlord Registration website or by completing an application form and sending it to your local authority.
Joint owners (ie anyone else who's named on the title deeds) need to register too, but they will not be charged.
For more information, read Landlord registration in Scotland.
Do I need an HMO licence?
You need a house in multiple occupation (HMO) licence if the following apply:
you want to rent your property out to 3 or more tenants
the tenants form more than one household
the tenants share a kitchen, bathroom, or toilet or other facilities
If you want to let out your home in this way, there are extra criteria you'll need to meet before the council will agree to register you. They'll have to decide whether:
you are 'fit and proper' to hold an HMO licence
the property is managed properly, and
the property meets their required standards
It's a criminal offence to rent out a home to 3 or more unrelated people (ie households) without an HMO licence. You could be fined up to £50,000 if you do.
For more information, read HMOs.
Do I need to be accredited?
It's not compulsory to become accredited. Whilst landlords must be registered in Scotland, landlords can decide whether to become accredited.
To become an accredited landlord you must first be registered with all relevant local authorities and be managing the property yourself or have engaged the services of an accredited letting agent. You can find an application form on the Landlord Accreditation Scotland website.
If you become accredited, this may improve your credibility as a landlord and make tenants more likely to want to rent your property instead of non-accredited ones.
Do I need to inform my mortgage provider or insurers?
You may need to inform your mortgage provider or insurers that you want to rent your property out. The terms of your mortgage or insurance may change if you rent out your home.
Your mortgage may have terms and conditions that stop you from renting your home out to anyone, so if you do this without permission you may be breaking the terms of your mortgage.
When you rent out your home to tenants it may impact your existing building and contents insurance. You should discuss the situation with your insurers and let them know you plan to have tenants move into your home.
Do I need to protect a tenant's deposit?
If you collect a tenancy deposit, it must be lodged with one of the Government-backed third-party schemes. The scheme protects your tenant's deposit until it's due to be repaid. There are three schemes you can register with:
You have to do this within 30 working days of the tenancy starting.
You should also tell your tenant which Tenancy Deposit Scheme their deposit is in and the other information you are required by law to provide. This will help sort out any disputes that arise when the tenancy ends.
For more information, read Deposit protection schemes and Prescribed information for tenancy deposits in Scotland.
Do I need to provide a tenant with any other documents?
If you use this private residential tenancy contract you will also need to provide your tenant with a copy of the 'Private Residential Tenancy Statutory Terms Supporting Notes'.
For more information, read Legal obligations of a landlord in Scotland.
Do I need to carry out a legionella risk assessment?
The law is clear that, if you are a landlord and you rent out your property (or even a room within your own home), you have a legal responsibility to ensure the health and safety of your tenant by keeping the property safe and free from health hazards.
A legionella risk assessment assesses the risk of any water in the property becoming contaminated with legionella. The risk assessment can be carried out by anyone competent to do this, which could be the landlord.
For more information, read Legal obligations of a landlord in Scotland.