What is a private tenancy?

A private tenancy is where a tenant rents a property from a landlord or a letting agent. This is normally secured by signing a tenancy agreement. This is a legally binding contract that sets out the terms and conditions of a tenancy, between landlord and tenant.

There are different types of tenancy agreements. However, your landlord is legally required to provide a Private Residential Tenancy agreement, no matter what the type.


Tenancy types

There are different tenancy types, including:

Private residential tenancies

Private residential tenancies have no fixed duration and can only be ended by the tenant giving notice, or where the landlord can prove one of 18 grounds.

Short assured tenancies

A short assured tenancy is for a limited period of time. After this limited period, the landlord can repossess the property if they want.

From 1st December 2017, no new short-assured tenancies should have been created. Tenants whose short-assured tenancy started before this date will continue to be short-assured tenants. This is until either:

  • the tenancy is ended
  • if they agree in writing with their landlord to convert to a private residential tenancy

Further advice and information on Private Rental Tenancy Types can be found at Shelter Scotland - The tenancy agreement and Scottish Government - Private renting.