Starting a New Tenancy in Scotland: The Documents Every PRT Landlord Needs

If you let residential property in Scotland, your tenancy is a Private Residential Tenancy under the Private Housing (Tenancies) (Scotland) Act 2016. The legal framework is entirely separate from England — different legislation, different forms, different deposit schemes, different enforcement bodies.

That means the documents you need are different too. Using an English tenancy agreement template for a Scottish property isn't just bad practice — it creates a document with no legal standing. This guide covers every document you need when starting a new PRT, what's legally required versus strongly recommended, and where landlords most commonly get it wrong.

Before you can let the property

These are non-negotiable. You cannot legally market or let a property in Scotland without them.

Landlord registration. Every landlord in Scotland must be registered with their local authority through the Scottish Landlord Register. It is a criminal offence to let property without registration, and tenants can apply for a Rent Repayment Order against unregistered landlords. Registration costs £75 for the landlord plus £15 per property and lasts three years.

Energy Performance Certificate (EPC). Same requirement as England — minimum E rating, valid for ten years, must be available before marketing. The Scottish EPC register is separate from the English one. Fines for non-compliance.

Gas Safety Certificate (CP12). Annual inspection by a Gas Safe registered engineer. Must be current before a tenant moves in. A copy must be provided to the tenant. If the property has no gas supply, document that fact but no certificate is needed.

Electrical Installation Condition Report (EICR). Must have a satisfactory rating. Valid for five years. Required before letting and a copy must be provided to the tenant. This has been a requirement in Scotland since 2016 under the Repairing Standard.

Legionella risk assessment. As in England, there's no legal requirement for a specific certificate, but landlords have a duty of care under health and safety legislation to assess and manage Legionella risk. A documented assessment protects you. This is especially important for properties that have been empty for a period.

Portable appliance testing (PAT). If the property is let furnished, any electrical appliances you provide should be tested and safe. While PAT testing isn't a strict legal requirement, it falls under the general duty to ensure the property meets the Repairing Standard and the Tolerable Standard. Keep records of any testing.

Smoke and heat alarms. Scotland has stricter requirements than England. Every home — including private rented properties — must have interlinked smoke alarms in the living room, in every hallway, and a heat alarm in the kitchen. If there's a carbon-burning appliance (gas boiler, wood burner, open fire), a carbon monoxide detector is also required. The alarms must be interlinked so that when one triggers, they all sound. These requirements have been mandatory since February 2022.

The tenancy agreement

The PRT is a statutory tenancy — its core terms are set by law, not by the landlord. You can add clauses, but you cannot override the statutory terms. This is fundamentally different from an English AST where the agreement is largely a contract between the parties.

Use the Scottish Government's model tenancy agreement. The Scottish Government publishes a model PRT agreement that includes all the mandatory clauses and lets you add discretionary ones. You are not legally required to use the model, but it's the safest option. If you draft your own, it must include all the mandatory terms set out in the Private Residential Tenancies (Prescribed Notices and Information) (Scotland) Regulations 2017. DocuTenant's PRT tenancy agreement template uses the Scottish Government's model wording with all mandatory clauses included.

Mandatory clauses you cannot change include: the tenant's right to live in the property as their home, the rent amount and payment frequency, the deposit amount and which scheme protects it, the notice to leave process, and the grounds for eviction. Attempting to contract out of these terms makes those clauses void — not the whole agreement, just the offending clauses.

Discretionary clauses you can add include: pet policies (but a blanket ban may be challenged), rules on smoking, subletting restrictions, garden maintenance responsibilities, decoration permissions, and arrangements for inspections. These must be reasonable — an unreasonable clause can be challenged at the tribunal.

Provide the agreement in writing. While a PRT can technically be created verbally, you must provide the tenant with written terms. In practice, always use a written agreement. Provide it before the tenancy starts and keep a signed copy.

Documents to give the tenant at the start

The following must be provided to the tenant before or at the start of the tenancy.

The Easy Read Notes. The Scottish Government publishes a document called the Easy Read Notes for the model PRT agreement. If you use the model agreement, you must provide these notes to the tenant. They explain the tenant's rights and the landlord's obligations in plain language. This is Scotland's equivalent of England's "How to Rent" guide.

Tenant Information Pack. Scottish landlords must provide a Tenant Information Pack containing prescribed information about the tenancy. This includes the landlord's contact details, the landlord registration number, details of the deposit scheme, information about the Repairing Standard, how to make a complaint, and information about the First-tier Tribunal. The Scottish Government publishes a template.

Gas Safety Certificate. A copy of the current CP12.

EICR. A copy of the current electrical safety report.

EPC. A copy of the current Energy Performance Certificate.

Deposit protection confirmation. Details of which scheme the deposit is protected with, the amount, and how to apply for its return at the end of the tenancy.

Deposit protection

Scotland has its own approved deposit protection schemes — they are different from the English schemes.

SafeDeposits Scotland, mydeposits Scotland, and Letting Protection Service Scotland are the three approved schemes. You must protect the deposit in one of these within 30 working days of receiving it. Note this is working days, not calendar days — a subtle but important difference from England's 30 calendar day rule.

Provide prescribed information. Within the same 30 working day window, you must give the tenant written confirmation of where the deposit is protected, the amount, the landlord's contact details, and how the tenant can apply for its return.

Failure to protect. If you don't protect the deposit and provide the prescribed information within the deadline, the tenant can apply to the First-tier Tribunal. The tribunal can order you to pay the tenant up to three times the deposit amount. This is the same penalty structure as England, but the deadline calculation differs.

At the end of the tenancy. The deposit must be returned within 30 working days of the tenancy ending, minus any agreed deductions. If there's a dispute, it goes to the scheme's dispute resolution service. The same evidence principles apply as in England — you need a move-in inventory, a checkout report, and evidence for every proposed deduction.

Rent and rent increases

Set the rent clearly in the agreement. The PRT agreement must state the rent amount, the payment frequency (usually monthly), and the payment method.

Rent increases require three months' notice. You can increase the rent no more than once every twelve months by giving the tenant at least three months' written notice using the prescribed form. This is longer than the English two-month notice period.

The tenant can challenge the increase. If the tenant thinks the proposed rent is above market rate, they can refer it to a Rent Officer at Rent Service Scotland within 21 days of receiving the notice. The Rent Officer assesses the market rent and sets the figure. Their decision can be appealed to the First-tier Tribunal by either party.

Rent Pressure Zones. Local authorities in Scotland can apply to Scottish Ministers to designate their area as a Rent Pressure Zone, which caps annual rent increases. As of 2026, no areas have been formally designated, but the mechanism exists in the legislation. Check whether your area has any rent control measures in place.

Documents for your own protection

These aren't legally required but failing to have them will cost you.

Inventory and schedule of condition. Exactly the same principle as in England. Detailed, room-by-room, photographed, dated, and ideally signed by the tenant. Without this, you will lose any deposit dispute. The adjudicator needs a baseline to compare against at checkout.

Inspection records. Document every periodic inspection with notes and photographs. Scottish tenants have strong rights under the Repairing Standard — if the property falls below standard and you didn't know because you never inspected, you're liable.

Maintenance records. Keep records of every repair request, what action you took, and when. The Repairing Standard requires landlords to keep the property wind and watertight, the structure and exterior in reasonable repair, installations for water, gas, and electricity in reasonable repair, furnishings in a reasonable state of repair (if provided), and common parts (if applicable) in reasonable condition. The tenant can apply to the tribunal if the property doesn't meet the standard, and your maintenance records are your defence.

Written communication. Any notice, warning, or agreement with the tenant should be in writing. The tribunal, like any adjudicator, only considers documented evidence.

Common mistakes Scottish landlords make

Using an English tenancy agreement. An AST is not a PRT. The legislation is different, the terminology is different, the grounds for eviction are different, and the deposit schemes are different. Using an English template for a Scottish property creates a document full of references to legislation that doesn't apply.

Not registering as a landlord. Landlord registration is mandatory in Scotland and has been since 2006. Letting without registration is a criminal offence. Check your registration status and renewal date regularly.

Missing the deposit protection deadline. 30 working days, not calendar days. Count carefully and don't leave it until the last moment.

Not providing the Tenant Information Pack. This is a specific Scottish requirement that English landlords expanding into Scotland often miss. The prescribed information must be provided — it's not optional.

Ignoring the Repairing Standard. Scotland's Repairing Standard gives tenants a direct route to the tribunal if the property doesn't meet the required condition. Unlike England, where disrepair claims often go through the courts, Scottish tenants can apply directly to the First-tier Tribunal. Keeping the property in good repair and documenting your maintenance isn't just good practice — it's your primary defence against tribunal applications.

Not interlinking alarms. Having smoke alarms isn't enough. They must be interlinked. A standalone battery alarm in each room does not meet the Scottish standard. This catches out landlords who manage properties in both jurisdictions and assume the rules are the same.

The bottom line

Scotland's PRT framework has been stable since 2017 — there's no equivalent of England's RRA upheaval. But stable doesn't mean simple. The document requirements are specific, the tribunal is accessible to tenants, and the penalties for non-compliance are real.

Get the paperwork right at the start of each tenancy — the right agreement, the right prescribed information, the right certificates, and a proper inventory — and you're protected. Cut corners and you'll find out exactly how tenant-friendly the Scottish tribunal system is.