The private residential tenancy

The tenancy runs until the tenant ends it or the Tribunal grants an eviction order. A tenant gives twenty-eight days’ notice and may do so at any time. There is no minimum term binding the tenant, and a clause purporting to impose one does not change that.

The landlord must provide written terms, must be registered with the local authority, and must protect any deposit in an approved scheme within thirty working days. Failure to protect a deposit can result in an award of up to three times the deposit, and that is a claim tenants routinely fail to make.

How eviction actually works

The sequence is fixed. The landlord serves a notice to leave specifying a ground and giving the correct notice period. If the tenant does not leave, the landlord applies to the First-tier Tribunal for Scotland, Housing and Property Chamber. The Tribunal decides whether the ground is made out and whether it is reasonable to evict. Only then is an order granted, and only sheriff officers may enforce it.

The grounds include the landlord intending to sell or to live in the property, substantial rent arrears, breach of the tenancy, and antisocial behaviour. Since 2020 all of them are discretionary, which means that even a landlord who proves the ground can be refused an order.

Rent increases and rent controls

Rent may be increased once in any twelve months and only by serving the prescribed notice. A tenant who thinks the increase is above the market rate may refer it to a rent officer, with a further appeal to the Tribunal.

The Housing (Scotland) Act 2025 introduced a framework allowing local authorities to designate rent control areas, with the framework commencing in April 2026 and assessments due from local authorities during 2027. No areas were designated at the outset, so the practical effect in most of Scotland is still to come. Further protections on rent increases and on wrongful termination awards are being phased in through 2026 and 2027.

Repairs

Every private let must meet the repairing standard, covering wind and water tightness, the installations for water, gas and electricity, fixtures and fittings, heating, smoke and carbon monoxide detection and safe common parts. Where a landlord will not repair, the tenant applies directly to the Tribunal, which can make a repairing standard enforcement order. It costs nothing to apply and the Tribunal will inspect.

Withholding rent is not the answer. It creates a ground for eviction and it rarely produces the repair. Apply to the Tribunal instead.

If you are the landlord

The same structure runs in reverse. Registration is compulsory, the notice must specify the correct ground and period, and Tribunal applications are refused for procedural defects far more often than on the merits. Where arrears are the issue, the pre-action requirements must be followed and evidenced. Getting the paperwork right at the start is very much cheaper than a refused application and a fresh notice.