Westminster Policy News & Legislative Analysis

Scotland Sets New Private Residential Tenancy Forms for 2027

The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2026 reset the statutory paperwork used in Scotland’s private rented sector. The instrument was made on 30 September 2026, laid before the Scottish Parliament on 2 October 2026 and comes into force on 1 April 2027. Scottish Ministers have used powers in the Private Housing (Tenancies) (Scotland) Act 2016 to prescribe the forms that must be used when key notices and referrals are issued under that Act. For landlords, tenants, letting agents and advisers, the immediate point is practical rather than political: documents served on or after 1 April 2027 will need to match the new statutory templates.

The scope is broader than a single notice. Schedule 1 covers the notice a tenant gives before applying to the First-tier Tribunal under section 14 to have written tenancy terms drawn up, or under section 16 where a landlord has failed to provide written terms or other required information. Schedule 2 sets the compulsory form for a landlord’s rent-increase notice under section 22. Schedule 3 sets the form for a tenant’s referral to a rent officer under section 24 where that increase is challenged. Schedules 4 and 5 then prescribe the form of a notice to leave and the form of a sub-tenancy notice to leave.

In plain English, the regulations standardise the paperwork used at some of the most important points in a tenancy: confirming terms, raising rent, contesting a rent rise and bringing an occupation to an end. The explanatory note published with the instrument states that the purpose is to prescribe the contents, form and manner of service for these documents. That matters because housing disputes often turn on whether the correct statutory process has been followed. A notice may contain the right message but still create avoidable difficulty if it is not issued in the form required by law. The 2026 regulations are therefore less about changing rights and more about setting one current set of compliant forms for use from April 2027.

One procedural detail stands out in the rent-setting process. Where a tenant refers a proposed rent increase to a rent officer under section 24, the tenant must also intimate that referral to the landlord by completing Part 3 of the rent-increase notice in Schedule 2 and sending that completed part to the landlord. That drafting links the landlord’s notice and the tenant’s challenge into one connected route. Landlords will need to issue the updated rent-increase form, and tenants who want a determination from a rent officer will need to use the matching referral form and notification step set out in the regulations.

The instrument also contains a transition rule designed to prevent disruption in live cases. Notices and referrals covered by regulations 2 to 6 that are given, made or intimated before 1 April 2027 will continue to be governed by the earlier rules rather than being pulled into the new regime retrospectively. From 1 April 2027, three earlier instruments are revoked: the Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017, the 2022 miscellaneous temporary modifications regulations, and the 2023 temporary modifications regulations. Older forms therefore remain relevant only for action taken before commencement, while the 2026 forms become the standard set for new cases from that date.

For practitioners, the compliance task is administrative but not minor. Landlords, letting agents, tenant advisers and housing caseworkers will need to replace stored templates, update digital workflows and check that any notice issued after 1 April 2027 draws on the correct schedule. Tribunal-facing and rent-setting processes will also need to reflect the new documents so that parties are working from the same statutory text. The regulations were signed at St Andrew’s House in Edinburgh by Shirley-Anne Somerville on behalf of the Scottish Government. The policy effect is a formal reset of tenancy notices and forms rather than a rewrite of the 2016 Act itself, but the change still carries weight: in the private residential tenancy system, procedural compliance can determine whether a notice, referral or challenge is properly advanced.