What Is a PRT? Private Residential Tenancy Explained

Signing a tenancy agreement

If you’re renting privately in Scotland for the first time, you’ll be signing a Private Residential Tenancy agreement. Here’s what the key terms actually mean.

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Introduction

If you’re renting privately in Scotland for the first time, you’ll be asked to sign a Private Residential Tenancy agreement — usually just called a PRT. It’s the legal contract between you and your landlord, and it governs almost every aspect of your tenancy. Understanding what it actually says — and what it means for you — is one of the most useful things you can do before you sign it.

The good news is that Scottish law sets a standard model for PRTs, which means the core terms are largely the same whoever your landlord or letting agent is. Some landlords add their own clauses on top, but they can’t use those additions to take away rights that the law already gives you.

In the following paragraphs I’ll lay out, in plain English, some of the key aspects of a PRT.

Security of Tenure

One of the most significant protections the PRT gives you is security of tenure — meaning your landlord cannot simply ask you to leave whenever they feel like it. There’s no fixed end date on a PRT; it runs indefinitely until either you or your landlord ends it through the correct process.

If your landlord wants you to leave, they must have one of a limited set of legally recognised reasons — for example, that they’re selling the property, that they or a family member intend to move in, or that you’ve breached the tenancy. They can’t end your tenancy just because they’d prefer new tenants or because the fixed term (if your contract mentions one) has expired.

This is a meaningful protection, and it’s stronger than the equivalent rules in England and Wales.

Notice Periods

When it comes to ending the tenancy, the rules are different depending on which side is giving notice.

If you want to leave, you must give your landlord at least 28 days’ notice in writing. This applies regardless of how long you’ve been in the property.

If your landlord wants you to leave, the notice period depends on how long you’ve been there — a minimum of 28 days if you’ve lived there for less than six months, rising to 84 days (three months) if you’ve been there for six months or more. Crucially, they must also provide a valid legal reason, and you have the right to challenge the notice if you believe it’s improper.

Joint and Several Liability

This is the clause that can catch student groups off guard, so it’s worth understanding clearly.

If you’re signing a tenancy with other people — which most students are — you will almost certainly be signing jointly. Joint and several liability means that each tenant is individually responsible for the full rent, not just their share.

In practice, if one member of your group stops paying, the landlord can pursue any or all of the remaining tenants for the shortfall.

It also means that if one person causes significant damage, all tenants share responsibility for the cost. Choose your housemates carefully, and make sure everyone in the group is genuinely committed before anyone signs.

The Landlord’s Right of Entry

Your landlord has the right to access the property — but not without notice. Except in a genuine emergency, they are required to give you at least 48 hours’ written notice before entering. You also have the right to refuse entry if the proposed time is genuinely inconvenient, as long as you offer a reasonable alternative.

This is an important protection. A landlord who enters without notice or without permission is in breach of your tenancy agreement and potentially in breach of the law.

Repairs and Maintenance

Your landlord has a legal duty to keep the property in a reasonable state of repair. This covers the structure and exterior of the building, installations for water, gas and electricity, and any appliances or furniture that were included in the let.

If something breaks or develops a fault, report it in writing as soon as possible — email is fine, and it creates a record. Your landlord is required to respond within a reasonable timeframe. If they fail to act, you have legal options including reporting them to the local council or, in more serious cases, making a complaint to the First-tier Tribunal for Scotland (Housing and Property Chamber) — the body that handles residential tenancy disputes in Scotland.

Rent Increases

Your landlord can increase your rent, but not freely. They must give you at least three months’ written notice of any increase, and they can only do so once every twelve months. If you believe the increase is above market rate, you have the right to challenge it — a Rent Officer can be asked to assess whether the proposed rent is reasonable for the area.

Your Obligations

The PRT isn’t only about what your landlord must do. As a tenant, you have obligations too. The main ones are: paying your rent on time, keeping the property in a reasonable condition, not causing damage beyond fair wear and tear, not subletting without permission, and not using the property for anything other than as a private residence.

Breaching these obligations gives your landlord legitimate grounds to end the tenancy, so it’s worth taking them seriously — particularly the rent payment obligation, given the joint and several liability rules above.

What to Check Before You Sign

Read the agreement before you sign it, not after. In particular, look out for any additional clauses your landlord has added beyond the standard model terms. Some are reasonable — restrictions on pets or smoking, for example. Others are worth questioning. If any clause seems unusual or you’re unsure what it means, the University’s Students’ Association advisers can help you interpret it before you commit.

Also check that the agreement correctly names all tenants, that the property address is accurate, and that the rent figure and any agreed move-in date match what you’ve been told verbally.

The Bottom Line

The Private Residential Tenancy gives students in Scotland meaningful legal protections — more than many first-time renters realise. Understanding the key terms before you sign means you go in with your eyes open, and you’re far better placed to deal with any issues that arise during the tenancy.

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