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Renting in Scotland: a tenancy with no end date, a deposit of at most two months and no letting fees

An ordinary rented home in Scotland falls under the private residential tenancy: a tenancy with no end date, with 28 days' notice for you. The deposit is at most two months' rent and belongs in an approved scheme within 30 working days. Charges other than rent and deposit are banned, and the English Right to Rent check does not apply here.

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Written and checked by Auke on , against the sources at the bottom. Is something no longer right? Report it below and I'll fix it.

Yes, you can simply rent a home in Scotland, even without a British history. And the rules favour the tenant a good deal more than many people expect. An ordinary rented home falls under the private residential tenancy, the standard Scottish tenancy since the Private Housing (Tenancies) (Scotland) Act 2016. In short:

  • The tenancy has no end date. It only ends in the ways the law allows.
  • You give notice of 28 days, in writing.
  • The deposit is at most two months' rent and goes into an approved scheme.
  • Letting fees, admin fees and any other charges besides rent are banned.
  • The rent goes up at most once in twelve months, with three months' notice.

What does not apply in Scotland: the Right to Rent check from England. GOV.UK says so in as many words: in Scotland, Wales and Northern Ireland you do not need to prove your right to rent. A landlord may still ask about your income or references, but a status check is not a legal duty.

What may a landlord ask for?

Only the rent and a deposit. The Rent (Scotland) Act 1984 calls any other sum a premium: "any fine, sum or pecuniary consideration, other than the rent", explicitly including service and administration fees. Anyone who asks for or accepts such a sum commits an offence, and the court can order the landlord to repay it.

Item What the law says
Deposit at most two months' rent
Deposit into an approved scheme within 30 working days of the start of the tenancy
Letting, admin or contract fees banned
Landlord not registered with the council an offence
Deposit not (or late) in a scheme the tribunal awards up to three times the deposit
Your notice period at least 28 days, in writing
Rent increase at most once per 12 months, three months ahead

Do not pay a "fee" to get a home. If a letting agent asks for money to draw up the lease, run a reference check or hold the property, that is a prohibited premium in Scotland. Only the rent and a refundable deposit are allowed.

Where is your deposit held?

Not in the landlord's account. Within 30 working days of the start of the tenancy he must lodge the deposit with an approved scheme, a tenancy deposit scheme. It stays there until the tenancy has ended.

Within the same period the landlord must tell you in writing:

  • how much deposit you paid and when;
  • when he paid it into the scheme, and which scheme;
  • that he is registered in the council's register of landlords, or has applied to be;
  • in which cases he may keep back part of the deposit.

If you hear nothing, ask. If the landlord did not lodge the deposit, or did so late, you can go to the First-tier Tribunal, the Scottish court for housing cases. It must then order the landlord to pay you up to three times the deposit.

Every private landlord must also register with the council (the local authority) where the home is. Letting without that registration is an offence.

Rather have everything for Scotland on one list?

Then we'll send you the departure checklist for Scotland, with every step in order, and five mails about the pitfalls and the real costs. You can switch it off at any time.

We use your address, and your departure date if you fill it in, only for the checklist, the guide and the mails after it. You can unsubscribe under every mail.

How do you leave, and how can the landlord end it?

You end the tenancy with written notice. The minimum period is 28 days from receipt by the landlord, unless you agree a different period in writing. That agreement only counts if it is on paper.

The landlord has a harder time. He cannot simply give notice. He sends a notice to leave, a written notice stating a legal ground, such as a sale, moving in himself or three months of rent arrears. Only then can he go to the First-tier Tribunal. Only an eviction order from that tribunal ends the tenancy.

The period of the notice to leave:

  • 28 days if you have lived there for six months or less, or if the ground lies with you (arrears, antisocial behaviour, not really living there);
  • 84 days in all other cases.

If your lease has an end date, that changes nothing. The law says a private residential tenancy only ends in the way the law prescribes. The landlord must also give you the terms in writing, at the latest on the day the tenancy starts.

When may the rent go up?

At most once in twelve months. The landlord announces the increase at least three months ahead, with an official notice. If you think it is too high, you can go to the rent officer, an independent assessor of the rent, within 21 days.

Know what that still means today. Until 1 April 2027 the rent officer may also set a higher rent than the landlord asked for. For a notice given on or after 1 April 2027 that no longer applies: the rent is then at most the amount in the notice. The Housing (Scotland) Act 2025 arranges that.

What changes with the Housing (Scotland) Act 2025?

This act comes into force in parts. The position on 27 October 2026:

  • Since 1 April 2026 the Scottish Government can designate an area as a rent control area, with its own limits on rent increases. Whether your area is one, ask the council.
  • A ban on rent increases in the first year is in the act, but not yet in force.
  • The right to ask to keep a pet (the landlord may not refuse without good reason) is not yet in force either. Only the power to make rules for it is running.
  • From 1 April 2027 one tenant in a joint tenancy can end their own part.

If you bring a dog or cat, ask the landlord for written consent before signing, for now. And record the condition of the home on day one with photos. If you are thinking of buying later, read buying a house in Scotland too.

In Vertrekklaar this is phase 5 of 5 of the journey, step 5.1: the same steps, but for your situation — in your order, tickable, and with the deadlines watched. See the whole journey to Scotland or go straight to step 5.1 in the open plan.

Want to know more about this?

Then we'll send you the departure checklist for Scotland, with every step in order, and five mails about the pitfalls and the real costs. You can switch it off at any time.

We use your address, and your departure date if you fill it in, only for the checklist, the guide and the mails after it. You can unsubscribe under every mail.

What this rests on

The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.

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