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Radical changes in Scottish tenancies

Consultation has started on proposals for regulations and policy supporting the Private Housing (Tenancies) (Scotland) Act 2016. This consultation commenced on 3 October and will last for 12 weeks. The new tenancy is expected to come into force in December 2017.

The Private Housing (Tenancies) (Scotland) Act 2016 creates the new private residential tenancy which will replace current assured and short assured tenancies. The Scottish Government say that the purpose of the new tenancy is to improve security of tenure for tenants balanced with appropriate safeguards for landlords, lenders and investors.

Should you wish to take part in the consultation process, you can visit the Scottish Government’s webpage here.


The lettings industry has lobbied the Scottish Government throughout the passage of the 2016 Act. While the legislation is well meaning, there are fears that the proposals will not only adversely affect landlords, but tenants too if they lead to the quantity and quality of rented housing being reduced – especially if good landlords are replaced by rogue operators. As such the legislation could have unintended impacts on tenants and the operation of the sector.

Letting Solutions will work hard in the run up to the operation of the Act and beyond to try and ensure that the new rules, so far as possible, work to the benefit of both landlords and tenants, or at least help our clients to minimise the consequences of any adverse provisions.