Private residential tenancy statutory terms: supporting notes (December 2017)

Notes to be used where the written terms of the tenancy are in an agreement drafted by the landlord. These notes supersede previous versions of this guidance.

Useful Contacts and Links


First-Tier Tribunal for Scotland (Housing and Property Chamber)

Glasgow Tribunals Centre
20 York Street

Tel: 0141 302 5900

Rent Service Scotland

Compass House
11 Riverside Drive
Dundee DD1 4NY
Tel: 0300 244 7000


Scottish Landlord Register

To check on line if a landlord is registered.

General Advice

Citizens Advice Scotland

Citizens Advice Bureau which can help with money, legal, consumer and other problems.

Tel: 0800 028 1456

Energy Saving Trust

Gives independent help and advice on how to save energy in the home.

Tel: 0800 512 012

Office of the Gas and Electricity Markets (Ofgem)

Protects the interests of gas and electricity consumers.

Tel: 020 7901 7295

Housing advice

Shelter Scotland

Offers advice, information and advocacy to tenants in privately rented housing.

Tel: 0808 800 4444

Tenancy Deposit Schemes

Letting Protection Service Scotland

Tel: 0330 303 0031 

Safe Deposits Scotland

Tel: 03333 213 136 

Mydeposits Scotland

Tel: 0333 321 9402

Safety advice

Gas Safe Register

Offers gas safety advice and can take action to ensure that gas appliances in a property are safe.

Tel: 0800 408 5500

Health and Safety Executive

Provides a range of health and safety advice.

Electrical Safety First

UK charity that provides electricity safety advice for the home.

Scottish Fire and Rescue Service

Fire safety advice

Landlord and letting agent representatives

Scottish Association of Landlords

Represents the interests of landlords and letting agencies in Scotland.

Tel: 0131 564 0100

Scottish Land and Estates

Represents the interests of rural landlords in Scotland.

Tel: 0131 653 5400

Landlord Accreditation Scotland

Scotland’s national landlord and letting agent accreditation scheme and training provider.Tel: 0131 553 2211

ARLA PropertymarkAn association for registered letting agents.

Tel: 0844 387 0555


Relevant Legislation

Rent (Scotland) Act 1984 -clarification of illegal premiums.

Housing (Scotland) Act 1987 - landlord’s identity requirement; overcrowding and serious disrepair regulation.

Antisocial Behaviour etc (Scotland) Act 2004 - landlord registration regulation, anti-social behaviour.

Housing (Scotland) Act 2006 - Housing in Multiple Occupation regime; Tenancy Deposit Scheme regulatory framework; landlord’s right of access; Repairing Standard and right to adapt properties.

Equality Act 2010 - discrimination, including in relation to alterations.

Interpretation and Legislative Reform (Scotland) Act 2010  - timing of service of notices 

Private Rented Housing (Scotland) Act 2011 - changed the registration of private landlords; amendments to the Housing in Multiple Occupation licensing regime; introduction of Overcrowding Statutory Notices.

The Tenancy Deposit Schemes (Scotland) Regulations 2011 - tenancy deposit schemes

Housing (Scotland) Act 2014 - introduced regulatory system for letting agents.

Private Housing (Tenancies) (Scotland) Act 2016 - established the private residential tenancy.

Regulations under the Private Housing (Tenancies) (Scotland) Act 2016:

The Private Housing (Tenancies) (Scotland) Act 2016 (Consequential Provisions) Regulations 2017

The Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017

The Private Residential Tenancies (Information for Tenants) (Scotland) Regulations 2017

The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017, S.S.I. 2017/297

The Private Residential Tenancies (Information for Determining Rents and Fees for Copies of Information) (Scotland) Regulations 2017, S.S.I. 2017/296

The Notice to Local Authorities (Scotland) Amendment Regulations 2017, S.S.I. 2017/295

The Private Housing (Tenancies) (Scotland) Act 2016 (Commencement No. 2 and Saving Provision) Regulations 2017, S.S.I. 2017/293

Data Protection Act 2018 - The landlord must comply with the requirements of the Data Protection Laws to ensure that the tenant's personal data is held  securely and only disclosed where there is a lawful basis for doing so.

PLEASE NOTE these hyperlinks links to may show the enactments as originally made, so may not always show amendments.

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