Scotland PRT Mandatory Terms: What Every Landlord Must Include

Every private residential tenancy in Scotland carries a set of mandatory terms that apply whether or not the written agreement mentions them. If your lease contradicts one, the statutory wording overrides your clause. If your lease omits one entirely, the term still applies by operation of law.

These mandatory terms are prescribed by the Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 (SSI 2017/408). In the Scottish Government Model PRT, they appear in bold typeface to distinguish them from discretionary clauses.

What the Mandatory Terms Cover

The nine statutory terms address the non-negotiable legal floor of a PRT:

1. Rent and payment — the amount, frequency, due date, and payment method. Only two initial upfront payments are permitted: the first rent instalment and a refundable security deposit. Charging any other fee (holding deposits, key charges, inventory fees) is an illegal premium under Section 82 of the Rent (Scotland) Act 1984.

2. Deposit arrangements — the deposit amount (capped at two months' rent), the approved custodial scheme where the deposit will be lodged, and the 30-working-day protection deadline.

3. The landlord's duty to repair and maintain — the property must meet the Repairing Standard under the Housing (Scotland) Act 2006 at the start of the tenancy and throughout. This includes the structure, heating, plumbing, fire safety equipment, and since October 2026, the Awaab's Law timelines for damp and mould.

4. Access and entry — the landlord must give at least 48 hours' written notice before entering the property for inspections, repairs, or valuations. Immediate entry is permitted only in genuine emergencies such as active water leaks, structural fire, or gas leaks.

5. Tenant obligations for the property's condition — the tenant must use the property in a reasonable manner and report damage promptly. The specifics of what constitutes reasonable use are defined by the mandatory term, not left to the landlord's discretion.

6. Subletting and assignation — tenants cannot sublet, take in lodgers, or assign the tenancy without the landlord's written consent. Unapproved subletting is a statutory breach and a ground for eviction proceedings.

7. Notification of absence — if the tenant will be away from the property for an extended period, they must notify the landlord. The occupation test under Section 1(2) continues even during temporary absence, but the landlord is entitled to know.

8. Joint tenancy changes — procedures for adding or removing joint tenants during the tenancy.

9. Data protection and information sharing — how the landlord processes personal data and the legal basis for doing so, aligned with UK GDPR requirements.

Why You Cannot Contract Out of Them

The Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017 (SSI 2017/408) prescribe the mandatory terms. A lease that says the landlord may enter with 24 hours' notice instead of 48 is unenforceable on that point — the 48-hour rule applies regardless. A lease that omits the deposit protection clause does not excuse the landlord from the 30-working-day deadline.

This is different from the position in England, where assured shorthold tenancies allow more flexibility in contractual terms. In Scotland, the mandatory terms are set by secondary legislation and cannot be varied by agreement between landlord and tenant.

How They Interact With Discretionary Terms

Discretionary terms (shown in ordinary typeface in the Model PRT) cover practical operational matters: smoking, pets, garden maintenance, utility responsibilities, parking. You can amend, add, or delete discretionary terms under Clause 37 of the Model PRT, provided your additions do not conflict with the mandatory terms or any other primary legislation.

The most common mistake is writing a discretionary clause that inadvertently contradicts a mandatory term — for example, a garden maintenance clause that makes the tenant responsible for structural boundary walls, which falls under the landlord's mandatory repair obligation.

What Happens If You Get It Wrong

If a tenant does not receive written terms containing the mandatory clauses (or receives terms that contradict them), they can apply to the First-tier Tribunal under Section 16 of the 2016 Act. The tribunal can draw up the written terms itself and award compensation of up to three months' rent — or six months' rent if both the terms and the required notes are missing.

For a detailed walkthrough of every mandatory term with guidance on how discretionary additions interact, the Scotland PRT Setup Guide covers the full statutory framework and shows you how to build a compliant agreement without paying for a solicitor.

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