Landlord FAQs: Navigating Tenancy Laws in Scotland’s Private Rented Sector
Navigating the rules and responsibilities of being a landlord in Scotland’s Private Rented Sector can be complex — especially when Scottish tenancy laws continue to evolve.
At TC Young, we regularly advise Scottish landlords on practical and legal matters to help them stay compliant and avoid disputes. In this FAQ, Associate & Private Rented Sector expert, Kirstie Donnelly, answers some of the most common landlord questions in Scotland.
My tenant has refused to sign a written agreement. Does that mean there is no valid tenancy in Scotland?
Landlords are obliged to issue written terms of the tenancy and obtaining a signed, written tenancy agreement is always advisable. However, the absence of a signed, written document does not preclude the creation of a tenancy. The basic legal position is that if the four cardinal elements (parties, subjects, duration and rent) of a lease can be identified, then a tenancy exists under Scottish landlord law.
In most cases, if an individual has taken occupation of your property and has commenced payment of rent, a tenancy has been created. This is, of course, subject to certain exemptions, and what type of tenancy agreement exists can depend on various factors, such as the start date.
I need to serve an eviction notice in Scotland. Can I do this by email?
It depends. Service of certain tenancy documents by email is possible, but this varies depending on tenancy type and whether parties have agreed to issue communications by email in advance.
For Private Residential Tenancies in Scotland, service of a Notice to Leave by email is common, but to comply with relevant legislation, you must ensure you have obtained prior written authorisation from the tenant that such communications can be made electronically to a specified email address. Selecting email communication at the relevant clause of the PRT Agreement is the best way to do this.
For Assured or Short Assured Tenancies in Scotland, whilst landlords and tenants are able to communicate by email in relation to tenancy matters such as repairs, eviction notices (including Notice to Quit) cannot be served by email.
My tenant first moved into my property in 2012 under a Short Assured Tenancy. Do I need to issue a Private Residential Tenancy (PRT) Agreement?
No. There is no requirement for landlords to issue new tenancy agreements to tenants who remain in occupation under Assured/Short Assured Tenancies in Scotland.
It is possible to convert existing Assured/Short Assured Tenancies to PRTs, but this requires agreement by both landlord and tenant. As above, there is no requirement to convert existing tenancies and tenants cannot be forced to do so. Simply issuing a Private Residential Tenancy Agreement to a current tenant will not amount to conversion.
We’re Here to Help Scottish Landlords
Understanding your rights and responsibilities as a landlord in Scotland is essential — and getting things wrong can be costly. While these answers cover the general legal position, it’s always best to seek advice tailored to your specific circumstances.
If you have any questions about Scottish tenancy agreements, eviction procedures in Scotland, or need guidance on your legal obligations, our experienced Private Rented Sector solicitors are here to help.
Get in touch with our Private Rented Sector team today to speak to one of our expert solicitors in Glasgow or Edinburgh.
