New Tenant Rights and Legislation in Scotland’s Private Rented Sector

Alongside energy and rent reforms, new legislation will enhance tenants’ rights, with consequences for landlords. The Housing (Scotland) Bill – introduced March 2024 – includes tenant-focused measures that affect how landlords manage tenancies. Key changes under consideration are:

• Personalisation rights: Tenants will have greater freedom to decorate or alter their home (for example, painting walls or hanging shelves). Landlords will be limited in refusing reasonable personalisation requests.
• Pets: Tenants can request a pet, and landlords must not unreasonably withhold consent. The Bill makes granting permission for pets easier, obliging landlords to consider requests fairly. (Landlords will still be able to attach conditions and will not have to allow dangerous breeds or cats in a dog-owning property – details will come in guidance.)
• Leaving joint tenancies: If one person in a joint tenancy wants to move out, new rules will streamline their exit, even if co-tenants disagree. This prevents hold-ups if one tenant wants to terminate the agreement while others wish to stay.
• Legacy tenancies: The Bill paves the way to convert old assured or short-assured tenancies into modern Private Residential Tenancies (PRTs). This aligns all longstanding leases with current law, which has stronger tenant protections.

These changes are tenant-friendly, so landlords must adjust policies on several fronts. For example, blanket “no pets” clauses may become invalid unless objectively justified, and tenancy agreements will need clauses on personalisation requests.

Implementation Timeline and Details

Many of these reforms require detailed regulations and secondary legislation.

Crucial points:

• Regulations pending: Final rules will define what changes are “reasonable” for personalisation, and what circumstances justify refusing a pet. Landlords should watch for official guidance on these thresholds (e.g. allowable alterations or pet types).
• Timeframe: None of these provisions take effect immediately. Once the Bill is passed (expected by 2026 at the earliest), it will be followed by regulations and codes of practice. Estimates suggest most new tenant-rights rules won’t be in force until 2027–2028 or later.
• Preparing now: Landlords are not required to change contracts today, but they can review existing lease terms. For instance, consider drafting a clear, balanced pet policy and a procedure for handling personalisation requests. Anticipating the updates in leases will save time later.
• Professional guidance: These legislative changes are complex. Landlords should stay informed via sources like landlord associations (SAL, Letting Agents Society) or legal advisors. When final regulations appear, seek specialist advice to ensure compliance.

Although the emphasis is on tenant rights, landlords can benefit from clarity. For example, a standardised process for pet approvals can reduce disputes. The Scottish Association of Landlords notes that the government will eventually set out what is “reasonable” for pets and personalisation, giving both sides guidance. Until then, the best approach is to be flexible but document any refusals carefully, as unjust rejections could be challenged.

Final Thoughts

Scottish private landlords face significant upcoming changes: stricter EPC rules, new rent-cap regimes, and stronger tenant rights. Each area involves complex regulations. Landlords should begin planning now: review property energy performance, update portfolio budgets, and audit tenancy policies. When the details are finalised (likely over the next few years), consider consulting a solicitor or housing specialist. Professional advice can help tailor your strategy and ensure compliance under the new rules, preserving your rental income while meeting legal obligations.

The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.