New Model Scottish Secure Tenancy Agreement 2026

Section One: Purpose And How To Use The Model

1.1 A Model Scottish Secure Tenancy Agreement (“the 2002 Model”) was published by the former Scottish Executive in 2002 following the introduction of Scottish secure tenancies in the Housing (Scotland) Act 2001 (“the 2001 Act”). The 2002 Model was replaced by the revised Model Scottish Secure Tenancy Agreement for tenancies created on or after 1 May 2019^[1]. This new Model Scottish Secure Tenancy Agreement 2026 replaces the 2019 Model for tenancies created on or after 1 August 2026 to take account of the following provisions coming into force during 2026:

• Part 2 (Section 22) of the Domestic Abuse (Protection) (Scotland) Act 2021 (termination of tenancies in cases involving abusive behaviour) from 1 August 2026;
• Section 49 of the Housing (Scotland) Act 2025 (qualifying period for succession) from 1 August 2026;
• Section 50 of the Housing (Scotland) Act 2025 (delivery of notices) from 1 August 2026;
• Regulation 4 of The Investigation and Commencement of Repair (Scotland) Regulations 2026 (Awaab’s Law) from 6 October 2026.

1.2 When section 22 of the Domestic Abuse (Protection) (Scotland) Act 2021 comes into force on 1 August 2026 it will amend section 14, section 16 and schedule 2 of the 2001 Act. When sections 49 and 50 (succession and delivery of notices) of the Housing (Scotland) Act 2025 (“the 2025 Act”) come into force on 1^st August 2026 they will amend schedule 3 and section 40 of the 2001 Act. Sections 4, 5, 6, 7 and 10 of the 2019 Model Scottish Secure Tenancy Agreement have now been updated to reflect these amendments for tenancies created on or after 1 August 2026. The new model also takes account of The Investigation and Commencement of Repair (Scotland) Regulations 2026 (Awaab’s Law) which come into force from 6 October 2026.

1.3 This new 2026 Model should therefore be used by social landlords as a basis for their own Scottish secure tenancy agreements from 1 August 2026 when most of these provisions come into force.

1.4 Whilst the 2019 Model should no longer be used by social landlords as a basis for their own tenancy agreements from 1 August 2026 onwards. Landlords may however find the Legal Commentary^[2]/Understanding the Content of the Model section at paragraph 1.7 of the 2019 Model useful (they should however seek independent legal advice if they are unsure on any particular issue).

1.5 The revised Model Scottish Secure Tenancy Agreement follows the same approach as the 2019 Model. There are three categories of clause in the Model which are as follows:

• The first category is the Core clause. This represents a summary of the landlord and tenant’s core rights and obligations set out in the Housing (Scotland) Act 2001, 2010, 2014, and 2025 and Part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 and other relevant housing legislation. These Core rights include, for example, security of tenure and rights of succession. These clauses are mandatory and are indicated in bold.
• The second category is those clauses which replicate, in a contractual way, the common law rights and obligations in respect of repairs, maintenance and use and care of the house. These clauses are also mandatory and are indicated in italics. (Where clauses are bold, and in italics, the source is both the common law and statute).
• The third category of clause is optional. It deals with a variety of minor matters that landlords may or may not wish to include. It also includes optional wording to supplement the statutory and common law position that some landlords may wish to include. These clauses are indicated in ordinary typeface. Clauses in square brackets [ ], indicate clauses with options depending on local arrangements (such as frequency of rent payments).

1.6 A number of clauses derive from other statutory sources not specific to housing law but are not part of the Core rights. These are not highlighted in the text. Reference is made to them in the Legal Notes in the 2002 Model . It is recommended that such clauses be maintained in any Scottish secure tenancy agreement.

1.7 Landlords are free to add other clauses to their own tenancy agreement or vary them so long as the requirements of the 2001 Act, the Housing (Scotland) Act 2010, 2014, 2025 and Part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 are met.

Disclaimer

1.8 The changes in this agreement do not constitute legal or other professional advice. Anyone using the Model Scottish Secure Tenancy Agreement should always seek detailed advice from their own solicitors if they require any clarification on the legal position or advice on how to apply the law and use the Model Scottish Secure Tenancy Agreement in relation to their particular situation.