Private Residential Tenancy Agreement (Scotland)

What is a private residential tenancy agreement in Scotland?

A private residential tenancy agreement template is a legally binding contract that defines terms and conditions of residential tenancy in Scotland between the tenant and the landlord. The standard document outlines the duration of the lease, amount of rental payments, amount of the deposit, obligations and rights for the tenant and the landlord, termination clause, etc.

The present tenancy agreement template for Scotland can be used for renting out different types of residential dwellings in Scotland, including rooms, apartments, houses, etc. This document template can be used by either a single tenant or joint tenants such as a group of friends, students, a couple or a family with kids.

Who should use this private tenancy agreement Scotland​?

Having a customisable and fully compliant tenancy agreement for residential rental in Scotland can be helpful for:

• tenants searching for the residential property for the first time;
• couples looking for a solid template to protect their rights;
• joint tenants looking for a template with a house in multiple occupation clause;
• private landlord searching for a professionally drafted template;
• Scottish letting agents and property managers looking for a solid template for multiple usage.

This document cannot be used, however, in other jurisdictions across the United Kingdom, including:

• England & Wales – use an assured tenancy agreement template;
• Northern Ireland – use a tenancy agreement template for the private rented sector.

The present template cannot also be used for commercial leases of business premises or parking spaces across the UK.

Benefits of using this sample tenancy agreement Scotland

By customising this Scotland tenancy agreement with FasterDraft, you get the document template with the following benefits:

• a private residential tenancy that is fully compliant with the Private Housing (Tenancies) (Scotland) Act 2016;
• a template with all necessary clauses;
• a document that offers balanced legal protection for both the landlord and the tenant;
• a document that has a clear structure and is written in plain English;
• a template that can be customised for various types of tenancies across Scotland;
• a document suitable for usage by letting agents, private landlords, or single or joint tenants.

What should be included in a sample tenancy agreement Scotland?

A private residential tenancy agreement Scotland template​ must include a number of important legal clauses and provisions to ensure the final document is legally valid and enforceable. These clauses include:

Information about the Parties

The text of the tenancy agreement should outline the full legal name, registered mailing address and contact information about:

• Tenant (a person or group of persons who rent out the property);
• Landlord (a company or individual who is the owner of a rented property);
• Letting Agent (a company managing the rented property on the landlord’s behalf); and
• Guarantor (a company or individual who guarantees the tenant’s payment obligations under this agreement).

Description of Property

A private residential tenancy model agreement​ should outline a detailed description of the rented property, including:

• full address;
• size and internal composition;
• list of inventory (attached as a separate annexe to this agreement); and
• list of common parts attached to the property (for example, garden, pool).

Deposit and Rent Amount

Most private tenancy agreements in Scotland include a clause obliging the tenant to provide at least one month’s deposit. If this is the case, the document should outline the amount of the deposit given.

The rental payments under a tenancy agreement can be made weekly, monthly or annually. The parties should indicate both the frequency of payments and the amount to be paid.

Duration

A private residential tenancy agreement Scotland​ is being signed for a defined period of time. Thus, the document usually includes the following:

• the commencement date of the lease;
• the duration of the lease in days, weeks, months or years.

Tenant’s Obligations

The text of tenancy agreements in Scotland​ should clearly outline the list of the tenant’s duties during the whole duration of the tenancy. These obligations may include:

• to keep the rented property clean;
• to inform the landlord about the damage of any property or furniture;
• to make rental payments on time;
• to dispose of all rubbish in an appropriate manner
• to prevent pipes freezing, etc.

Termination Clause

The tenancy agreement template should also outline the process of how the tenancy can be terminated. Usually both the landlord and the tenant should have the right to end the tenancy. However, the requirements differ depending on who shall end the tenancy.

The duration of the notice of termination varies between 28 and 48 days depending on the following factors:

• duration of the tenancy; and
• reason for termination.

Important Compliance Requirements for Scottish PRT Agreement Template

When signing this tenant agreement Scotland template, both the tenant and the landlord shall comply with additional legal prerequisites required under the Housing (Tenancies) Scotland Act. These requirements shall include:

House in Multiple Occupation

If the property is being rented out to three or more tenants, the landlord may need to apply for the House in Multiple Occupation licence first. The licence needs to be obtained if all conditions below are met:

• at least three tenants;
• all tenants are at least 16 years old;
• tenants are not members of the same family; and
• tenants do not constitute the same household.

The text of the private tenancy agreement Scotland shall outline the number of HMO licences and its expiration date. The tenants shall indemnify the landlord from any expenses and liabilities that may arise due to the HMO licence having expired or being invalid.

Minimum Room Standard

Every private residential tenancy agreement template​ in Scotland shall comply with the so-called “Room Standard” that has been introduced by the Scottish Government in 2022. According to this test, the rented room is considered overcrowded if:

• Two or more persons of the opposite sexes, who are not spouses, have to sleep in the same room; or
• Rooms that would normally be used as a living room or a bedroom shall be regarded as sleeping accommodation.

This minimum room standard shall not apply, however, for the persons who are under ten years of age. Violation of the set minimum room standard may cause severe legal consequences for both the landlord and the tenant, including:

• revocation of the HMO licence;
• issuance of a council fine;
• criminal charges for tenants.

Deposit

Within the 30-day period after signing the tenancy agreement, the landlord shall transfer the deposit money into an approved scheme designed to safely hold and protect the tenant’s deposit. The landlords cannot hold onto deposit cash themselves.

The amount of a rent deposit under the standard sample tenancy agreement Scotland cannot exceed the amount of the two months’ rent. Once the deposit has been placed with one of the three government-approved providers, the landlord shall inform the tenant about the following:

• the name of the government-approved provider where the deposit is being kept.
• the amount of the deposit being placed; and
• local council landlord registration number.

How to customise this tenancy agreement Scotland with FasterDraft?

To get a fully customisable document template, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – PDF or Word.
4. If you are a landlord, sign this document online for free using our e-signature tool.
5. Make a payment.

This Scottish private residential tenancy agreement​ is ready for instant download immediately after the purchase.