Rent to Rent in Scotland:
Key Legal Differences From England

Scottish Tenancy Law: The Private Residential Tenancy

The most fundamental difference for rent to rent operators in Scotland is the tenancy type. Scotland replaced Assured Shorthold Tenancies (ASTs) with the Private Residential Tenancy (PRT) under the Private Housing (Tenancies) (Scotland) Act 2016. For more detail, see our guide to rent-to-rent tenancy agreements.

Key differences from the English AST system:

• No fixed-term tenancies – PRTs are open-ended (periodic) from the outset. There is no fixed term to expire. This means there is no equivalent to the English Section 21 no-fault eviction notice – all evictions in Scotland must use one of the 18 specified grounds for repossession.
• Notice periods – a tenant must give at least 28 days notice to leave. A landlord must give at least 84 days notice to require a tenant to leave (for tenancies over 6 months) or 28 days for shorter tenancies.
• No no-fault eviction – landlords must rely on one of the 18 specified grounds, which include rent arrears, breach of tenancy conditions, and – importantly for rent to rent operators – the landlord no longer having an entitlement to let the property (Ground 9). This ground is directly relevant when your head lease with the property owner ends.

Landlord Registration in Scotland

Scotland operates a mandatory landlord registration scheme under the Antisocial Behaviour etc. (Scotland) Act 2004. All private landlords must register with their local council before they can legally let residential property. For more detail, see how VAT applies to rent to rent.

As a rent to rent operator, you are the landlord in the relationship with your sub-tenants. This means you must register as a landlord with every local council in which you operate before taking on your first tenant.

• How to register – via the Scottish Government Landlord Registration portal at landlordregistrationscotland.gov.uk
• Cost – registration fees vary by local authority and are payable per application. Fees are typically 70-130 pounds for a new application.
• Renewal – registration must be renewed every 3 years
• Fit and proper person test – councils assess applicants for criminal convictions and financial matters that may affect fitness to be a landlord

Other Scottish Regulations Affecting Rent to Rent

Rent deposit rules
Deposits in Scotland must be protected in an approved tenancy deposit scheme within 30 working days of the start of the tenancy (compared to 30 calendar days in England). The approved schemes are SafeDeposits Scotland, Letting Protection Service Scotland, and MyDeposits Scotland.

Pre-tenancy documentation
Landlords in Scotland must provide tenants with: the tenancy agreement, the Tenants Rights, Responsibilities and Remedies guide, the property inventory, and information about the deposit scheme. These are similar to English requirements but with some Scottish-specific differences.

Short-term let licensing (Edinburgh and potentially wider)
Edinburgh operates a mandatory licensing scheme for short-term lets. The Scottish Government has enabled all Scottish councils to implement similar schemes if they choose. Always check the position in any specific Scottish area before setting up SA operations. For more detail, see HMO licensing requirements.

HMO licensing
HMO licensing operates in Scotland under the Civic Government (Scotland) Act 1982. The licensing requirements and standards are administered by local councils in a broadly similar way to England but with some Scottish-specific differences in application process and standards.