In short
In Scotland, most private lets are a private residential tenancy (PRT), and a landlord can end one only on one of 18 eviction grounds. It has no end date: it ends only when the tenant leaves or the landlord uses one of 18 eviction grounds and, if you do not leave, obtains an order from the First-tier Tribunal. A landlord generally gives 84 days’ notice where you have lived there more than six months. Rent can rise once in 12 months with 3 months’ written notice. This is Scots law; the English regime is different (see renting in England).
How the tenancy works
The Scottish Government’s tenant guide describes the PRT as open-ended. It ends only if you decide to leave or if the landlord relies on one of the grounds in the Private Housing (Tenancies) (Scotland) Act 2016. There is no “no fault” route: the notice to leave must state the ground.
If you want to leave
Under section 49 of the 2016 Act the default notice from the tenant is 28 days, counted from the day the landlord receives it. The landlord and tenant can agree a different period, but only in writing and only after the tenancy has become a PRT.
If the landlord wants you to leave
Under section 54 the notice to leave period is 28 days where the tenant has occupied the property for six months or less, or where the notice relies only on certain grounds such as rent arrears or anti-social behaviour. Otherwise it is 84 days. The landlord cannot apply to the First-tier Tribunal until the period ends. If you stay beyond the notice, the landlord must still obtain an eviction order from the tribunal. If you think you were misled into leaving, you can apply to the tribunal for a wrongful termination order, with compensation of up to six months’ rent.
Rent
mygov.scot sets out the rules:
- One increase in any 12-month period, with at least 3 months’ written notice on the official rent increase notice. A rise communicated another way does not change the rent.
- To challenge, return Part 3 of the notice and apply to Rent Service Scotland, which must receive your application within 21 days. A rent officer sets the rent based on what a private landlord could reasonably charge a new tenant for a similar property locally; it can be higher or lower than the landlord asked. They aim to decide within 40 days. You can ask for a review within 14 working days, then appeal to the tribunal within 14 working days of that decision.
Rent control and recent changes
Rent control under the Housing (Scotland) Act 2025 is phased. According to gov.scot, local authorities started assessing rent conditions on 1 April 2026, and first reports are due by 31 May 2027. The cap (CPI plus 1%, maximum 6%) applies only in designated areas, and the page does not say any area has been designated. Other dates on gov.scot’s tenant-rights page:
| Date | Change |
|---|---|
| 1 May 2026 | Offence to discriminate against tenants with children or on benefits |
| 6 October 2026 | Succession qualifying period drops from 12 to 6 months |
| 1 April 2027 | 30-day window for rent review applications; the tribunal cannot set a rent above the landlord’s request |
| No date set | No rent rise in the first 12 months; pet requests; personalising the home |
Treat items without a date as intentions, not current rules.
In a designated area, gov.scot says the cap would limit increases for applicable private residential tenancies to CPI plus 1%, up to a maximum of 6%. It would apply during a tenancy and between tenancies, and rent could still rise only once every 12 months. Mid-market rent and some build-to-rent properties are exempt. Until an area is designated, the ordinary rules above govern your rent.
Practical steps before and during a tenancy
- Ask for the written tenancy documents and keep them, together with the deposit details the landlord must send within 30 days of the start.
- Keep every rent increase notice; a rise given by any other method does not change the rent.
- If you receive a notice to leave, note the ground it names and the date the notice was received, because the notice period runs from receipt (sections 49 and 54 of the 2016 Act).
- Do not leave simply because the notice period has ended: the landlord still needs a tribunal order.
Deposit
The deposit must be protected in one of three approved schemes within 30 working days. See tenancy deposit protection.
What it costs
There is no fee to apply to Rent Service Scotland, and the form H appeal is free according to mygov.scot. The rent itself is not capped outside a designated area. Council tax is separate: see council tax bands.
Which professional to consult
A tenant served with a notice to leave can ask an independent housing adviser, or a solicitor, to check the ground and the dates before replying. Check yourself that any adviser is regulated.
Frequently asked questions
Does a PRT have a fixed term?
No. The Scottish Government describes it as open-ended.
How long is the landlord’s notice?
Usually 84 days after six months of occupation; 28 days in the cases set out in section 54.
Can the landlord raise the rent when they like?
No. Once in a 12-month period, with 3 months’ written notice on the official notice.
Is there a rent cap now?
The cap applies only in designated areas, and gov.scot does not say any has been designated.
Do I have to leave when the notice ends?
Not automatically. The landlord must obtain an eviction order from the First-tier Tribunal.
More guides on renting
Sources
- Private residential tenancy: information for tenants (gov.scot) (consulted 14 October 2026)
- Tenant rights and protections (gov.scot) (consulted 14 October 2026)
- Rent controls (gov.scot) (consulted 14 October 2026)
- Rent increases if you have a private residential tenancy (mygov.scot) (consulted 14 October 2026)
- Private Housing (Tenancies) (Scotland) Act 2016, section 49 (legislation.gov.uk) (consulted 14 October 2026)
- Private Housing (Tenancies) (Scotland) Act 2016, section 54 (legislation.gov.uk) (consulted 14 October 2026)
- When your tenancy deposit must be protected (mygov.scot) (consulted 14 October 2026)