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Scotland PRT Easy Read Notes vs Statutory Terms Supporting Notes

Every private residential tenancy in Scotland comes with a legal requirement that trips up even experienced landlords: you must serve a specific set of notes alongside the tenancy agreement, and the set you need depends on which agreement format you used. Serve the wrong one and the law treats it the same as serving nothing at all.

The Notes-Matching Rule

Regulation 3 of the Private Residential Tenancies (Information for Tenants) (Scotland) Regulations 2017 (SSI 2017/407) creates a strict pairing:

Agreement format Required notes
Scottish Government Model PRT Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement (ISBN 9781836011217)
Bespoke or solicitor-drafted PRT Private Residential Tenancy Statutory Terms Supporting Notes

These are not interchangeable. Using the Model PRT with the Statutory Terms Supporting Notes — or a bespoke lease with the Easy Read Notes — is a statutory breach under Section 11 of the Private Housing (Tenancies) (Scotland) Act 2016.

What the Easy Read Notes Cover

The Easy Read Notes are written in plain language to walk tenants through the Model PRT's structure. They explain each mandatory term (shown in bold in the agreement) and the standard discretionary terms. The Scottish Government publishes the current version on gov.scot; check there for the current notes before serving them.

If you generate your tenancy agreement through the mygov.scot tenancy tool, the system automatically bundles the Easy Read Notes into the same PDF. The risk arises when a landlord downloads the Model PRT from gov.scot separately and forgets to include the notes, or grabs the wrong document.

What the Statutory Terms Supporting Notes Cover

If you use any agreement other than the official Model PRT — a solicitor-drafted lease, a commercial template, or a self-assembled contract — the Easy Read Notes do not apply. Instead, you must provide the Statutory Terms Supporting Notes.

These notes explain the nine mandatory statutory terms prescribed by SSI 2017/408 that apply to every PRT regardless of what the written agreement says. They cover rent payment, deposits, the landlord's duty to maintain, access and entry, tenant obligations, subletting restrictions, and the notification procedures for ending the tenancy.

The distinction matters because a bespoke lease may use different clause numbering, different terminology, or include additional covenants. The Statutory Terms Supporting Notes address the mandatory floor of rights without reference to the Model PRT's specific layout.

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The Penalty for Getting It Wrong

If a tenant does not receive the correct notes, they can issue a formal 28-day written notice to the landlord requesting compliance. If the landlord still fails to provide the right notes within that period, the tenant can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). The tribunal can order:

  • Up to 3 months' rent for failing to provide the correct notes alone
  • Up to 6 months' rent for failing to provide both the written tenancy terms and the notes

The initial deadline is on or before the tenancy start date. If the tenant gives the formal notice, the landlord has 28 days to provide the missing terms or notes before the tenant can apply to the Tribunal.

How to Get It Right

The sequence is simple:

  1. Decide whether you are using the Scottish Government Model PRT or a bespoke agreement
  2. Download the matching notes from gov.scot (or confirm they are bundled in your mygov.scot PDF)
  3. Serve both the agreement and the notes to the tenant on or before the tenancy start date
  4. Record proof of delivery — a signed receipt or, if serving electronically, documented prior consent to electronic service

If you want the full notes-matching decision matrix with a document delivery log and dated audit trail, the Scotland PRT Setup Guide walks through every combination and records it in one place.

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