Tenants' Rights in Scotland

The Private Residential Tenancy (PRT)

Since December 2017, most private rentals in Scotland use the Private Residential Tenancy. This replaced the old Short Assured Tenancy and Assured Tenancy. Key features:

• Open-ended: there is no fixed end date. You can stay as long as you want, provided you pay your rent and don't breach the tenancy conditions.
• 28 days' notice to leave: you can end your tenancy at any time by giving your landlord 28 days' written notice. No minimum term.
• Eviction protections: your landlord can only ask you to leave using one of 18 specific eviction grounds set out in law (e.g. selling the property, landlord moving in, rent arrears of 3+ months).

Deposits

If your landlord takes a deposit:

• It must be protected in an approved tenancy deposit scheme within 30 working days of your tenancy starting.
• The three approved schemes are: SafeDeposits Scotland, Letting Protection Service Scotland, and mydeposits Scotland.
• Your landlord must tell you which scheme holds your deposit.
• If they fail to protect it, you can apply to the First-tier Tribunal for compensation of up to 3 times the deposit amount.
• At the end of your tenancy, your deposit must be returned within 30 working days, minus any agreed deductions for damage or unpaid rent.

Rent and rent increases

• Your landlord can increase rent once per year with 3 months' written notice.
• If you think the increase is unreasonable, you can refer it to a Rent Officer for adjudication.
• In rent pressure zones (if designated by the local council), annual increases may be capped.
• Your landlord cannot charge fees for references, credit checks, or administration. This was banned by the Tenant Fees Act.

Repairs and maintenance

Your landlord is legally responsible for:

• The structure and exterior of the property (roof, walls, windows, external doors).
• Plumbing, heating, hot water, and sanitary fittings.
• Gas and electrical installations (safety certificates required).
• Smoke alarms, heat detectors, and carbon monoxide detectors (interlinked).
• The property meeting the Repairing Standard throughout the tenancy.

If your landlord fails to carry out repairs, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Safety requirements

Your landlord must provide:

• Gas safety certificate — renewed annually by a Gas Safe registered engineer.
• Electrical Installation Condition Report (EICR) — every 5 years.
• Energy Performance Certificate (EPC) — minimum rating E.
• Legionella risk assessment — at the start of each tenancy.
• Interlinked smoke and heat alarms — mandatory in all Scottish homes since February 2022.

HMO properties

If you live with 2 or more unrelated people, the property should have an HMO licence from the Scottish Borders Council. This ensures additional safety standards are met (fire escapes, room sizes, facilities). Ask to see the licence before signing.

Discrimination

Landlords cannot discriminate against you on the basis of race, sex, disability, religion, sexual orientation, or any other protected characteristic. If you believe you've been discriminated against, contact the Equality and Human Rights Commission.

Where to get help

• Scottish Government — Private Renting
• Citizens Advice Scotland — Housing
• Scottish Borders Council — Private Renting
• First-tier Tribunal (Housing and Property Chamber)
• Living Rent — Scotland's tenants' union

Search properties in the Scottish Borders or read our complete guide to renting in the Scottish Borders.