Check what type of private tenancy agreement you have

Since 1 December 2017 most new private tenancies must be private residential tenancy agreements.

If you moved in before this date you may have one of the other main types of private tenancy:

  • a short assured tenancy
  • an assured tenancy
  • a regulated tenancy

Your rights will be different if your landlord lives with you. Shelter Scotland has information on your rights if you live with your landlord.

Why you need to know your tenancy type

Your type of tenancy affects:

How to check your tenancy type

If you’re unsure what tenancy type you have, you can usually work it out using:

  • the date you moved in
  • documents you got from your landlord

Private residential tenancy

In most cases, your landlord must get a private residential tenancy agreement when:

  • your tenancy started after 1 December 2017
  • the property is your only or main home
  • your landlord does not live with you

Your landlord must have given you:

  • a written private residential tenancy agreement
  • notes explaining it

View a model private residential tenancy agreement on gov.scot.

Gov.scot has a summary of your rights under a private residential tenancy. This is available in several languages.

Short assured tenancy

You’ll have a short assured tenancy if:

  • your tenancy started between 2 January 1989 and 1 December 2017
  • your landlord gave you a form called an AT5 that gives you notice that the tenancy is short assured and for a set term

Check what a blank AT5 form looks like on gov.scot.

Assured tenancy

You’ll only have an assured tenancy if you both:

  • moved in between 2 January 1989 and 1 December 2017
  • did not get an AT5 form telling you the tenancy is ‘short assured’

Assured and short assured tenancies are similar agreements. They have different rules if your landlord wants to end your tenancy.

Regulated tenancy

You'll only have a regulated tenancy if you moved in before 2 January 1989.

These tenancies give you the right to what’s called a ‘fair rent’. Your landlord needs to register the rent they charge.

If you have a regulated tenancy, your property will be listed on the register of fair rents.

If you’re still unsure about your tenancy type

If you’re not sure, use Shelter Scotland’s tenancy checker.

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