Scotland Tenancy Succession Rules: The 6-Month Threshold Explained

When a private residential tenancy tenant in Scotland dies, the tenancy does not automatically end. Under the succession provisions of the Private Housing (Tenancies) (Scotland) Act 2016, certain qualifying persons can inherit the tenancy — and the qualifying period was halved in October 2026.

What Changed

The Housing (Scotland) Act 2025 reduced the qualifying residence period for tenancy succession from 12 months to 6 months. This change came into force on 6 October 2026.

For Tier 2 and Tier 3 successors, the qualifying period fell from 12 months to six months. The six-month period runs from when the landlord was formally notified that the person was residing in the property as their principal home.

Who Qualifies to Succeed

The succession framework applies in these priority tiers:

1. Spouse or civil partner of the deceased tenant who was occupying the property as their only or principal home at the time of death
2. Cohabiting partner or family member who meets the 6-month residence threshold and the prior-notification requirement
3. Resident carer who meets the 6-month residence threshold and the prior-notification requirement

The statutory priority tiers determine which qualifying person may succeed. Apply the criteria for the relevant tier, including the prior-notification requirement for Tier 2 and Tier 3 claimants.

What Succession Means for the Landlord

The successor inherits the tenancy on the same terms. The rent stays the same, the deposit stays protected, and the landlord's obligations continue unchanged. The tenancy does not convert to a new tenancy — it continues as the same PRT with a new tenant.

You cannot refuse succession where the qualifying conditions are met. This is a statutory right, not something that requires the landlord's consent.

When Succession Does Not Apply

Succession does not apply if no one meets the conditions for the applicable tier. A spouse or civil partner must occupy the property as their only or principal home at the time of death; Tier 2 and Tier 3 claimants must meet the six-month period and prior-notification requirements.

Practical Steps for Landlords

1. Update your records — note when a person moves in and when the landlord is formally notified that they reside there as their principal home. For Tier 2 and Tier 3 successors, the six-month qualifying period is measured from the notification date.
2. Review your check-in inventory — if succession occurs, the original inventory remains the baseline for deposit deductions at eventual termination.
3. Do not issue a Notice to Leave on the basis that the original tenant has died if a qualifying successor is in occupation. Doing so is likely to be treated as a wrongful termination, and since October 2026, wrongful termination awards range from 3 to 36 months' rent.

The Scotland PRT Setup Guide covers the succession framework alongside the full tenancy setup sequence, so you understand the rules before the tenancy starts rather than scrambling when circumstances change.

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