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What is Private residential tenancy?
Last verified 31 October 2026
A private residential tenancy is the type of tenancy used for most private lets in Scotland. Under section 1 of the Private Housing (Tenancies) (Scotland) Act 2016, it exists where the property is let to an individual as a separate dwelling and the tenant lives there as their only or principal home.
Why it matters to landlords
Three conditions must all be met: the let is to an individual as a separate dwelling, the tenant occupies it as their only or principal home, and Schedule 1 does not exclude it. A tenancy keeps its status even if the tenant later stops using the property as their only or principal home. If you let in Scotland, England's rules on assured tenancies and section 8 do not apply.
Scottish landlords must register before renting out a property unless exempt, and renew every three years. Renting while unregistered is a criminal offence. Check current Scottish guidance before you serve any notice. Do not use an English template: it will use the wrong notices, deposit scheme and forms.
Example
Isla lets a flat in Edinburgh to one tenant who lives there full time. It is let to an individual as a separate dwelling and is their main home, so it is a private residential tenancy. She checks her landlord registration is current before she advertises.
Related terms
- Scottish landlord register
- Repairing standard
- Tenancy agreement
- Deposit protection
- Interlinked fire alarms