Clause 37 Scotland Tenancy Agreement: Adding Discretionary Terms

The Scottish Government Model PRT covers mandatory statutory terms in bold and standard discretionary terms in ordinary typeface. But the model agreement leaves out practical clauses that most self-managing landlords need — garden upkeep, parking, utility account transfers, and specific property rules. Clause 37 is where you add them.

What Clause 37 Does

Clause 37 of the Model Private Residential Tenancy Agreement is the "additional terms" section. It lets landlords insert discretionary clauses tailored to the specific property and letting arrangement. The Scottish Government designed it as a catch-all so that landlords could customise the agreement without modifying the mandatory terms.

Any clause you add here must satisfy two conditions:

1. It cannot contradict a mandatory statutory term prescribed by SSI 2017/408
2. It cannot breach any other primary legislation — equality law, the Rent (Scotland) Act 1984 prohibition on premiums, or the tenant's statutory rights under the 2016 Act

Practical Clauses the Model PRT Misses

The mygov.scot tenancy tool generates a complete Model PRT with all mandatory terms and standard discretionary clauses. What it does not cover:

Garden and exterior maintenance — the Model PRT has no specific clause for who maintains the garden. Without a Clause 37 addition, disputes over overgrown lawns, hedge trimming, or bin storage fall into a grey area. A well-drafted garden clause assigns routine maintenance (mowing, weeding, bin management) to the tenant while keeping structural elements (boundary walls, fences, paving) under the landlord's repair obligation. Writing a clause that shifts structural repair to the tenant contradicts the mandatory Repairing Standard duty — it would be unenforceable.

Parking and vehicle storage — if the property includes a driveway, allocated space, or garage, specify which vehicles may be parked, whether commercial vehicles are permitted, and who maintains the surface. Without a written clause, a dispute about a tenant parking a caravan on the front lawn has no contractual anchor.

Utility account transfers — the Model PRT does not address who contacts suppliers at the start and end of the tenancy. A Clause 37 provision requiring the tenant to transfer utility accounts into their name within a set number of days, and to provide meter readings on move-in and move-out, prevents the landlord being billed for a former tenant's consumption.

Check-in inventory sign-off — while the Model PRT references an inventory, it does not prescribe a format or sign-off process. Adding a clause requiring both parties to sign the inventory within a stated period after move-in creates a stronger evidence base for deposit deductions at the end of the tenancy.

RCD testing and electrical maintenance — a clause reminding the tenant not to interfere with residual current devices and to report any tripping or malfunction promptly supplements the landlord's EICR obligations.

Common Clause 37 Mistakes

Charging fees through Clause 37 — any clause that requires the tenant to pay administration fees, check-out fees, or professional cleaning charges as a condition of the tenancy is an illegal premium under Section 82 of the Rent (Scotland) Act 1984. The only lawful upfront charges are the first rent instalment and the security deposit.

Blanket pet bans — since the Housing (Scotland) Act 2025, tenants have a statutory right to request pet ownership. A Clause 37 term that says "No pets permitted" is unenforceable. You can include a clause requiring tenants to submit pet requests in writing and setting out reasonable approval conditions, but the blanket ban itself is void.

Overriding the 48-hour access rule — a discretionary clause stating the landlord may inspect with 24 hours' notice contradicts the mandatory 48-hour written notice requirement. The mandatory term wins.

How to Draft and Insert Clause 37 Terms

Keep each additional clause numbered sequentially (37.1, 37.2, etc.) with clear, specific language. Avoid legal jargon that neither party understands. Each clause should state what is required, who is responsible, and what happens if the obligation is not met (within the bounds of the law — you cannot impose fines or deductions outside the deposit dispute process).

If you are using the mygov.scot tool, you will need to add Clause 37 terms manually after generating the PDF, since the online tool has no facility for custom clauses. If you are assembling the agreement yourself, insert them before the signature block.

The Scotland PRT Setup Guide includes a library of compliant Clause 37 additions covering garden maintenance, utilities, parking, inventory sign-off, and property-specific rules — each drafted to align with the mandatory statutory terms.

See more Scotland guides →