Can I still use a fixed-term tenancy in England?
No. Under the Renters' Rights Act 2025, new private tenancies in England are periodic from the start; tenants can end them on two months' notice.
Be Wise › Be Contract Wise (Scotland) guides › Residential tenancy and lodger agreement
Residential tenancy and lodger agreement (Scotland)
A residential tenancy agreement lets a home to a tenant; a lodger agreement (licence to occupy) lets a room to someone who shares the owner's home. The rules are now very different in each part of Britain: assured periodic tenancies in England, occupation contracts in Wales and Private Residential Tenancies in Scotland.
When you need one
Use a tenancy agreement when letting a whole home you do not live in, and a lodger agreement when someone rents a room in the home you live in.
What it should contain
Parties and property
Who the landlord and tenant are and exactly what is let.
Rent
Amount, frequency and how increases work under the statutory procedure.
Deposit
Amount, and protection in an approved scheme.
Repairs
The landlord's statutory repairing duties and the tenant's obligations.
Pets and alterations
What is allowed, subject to the tenant's statutory rights.
Ending the agreement
The statutory notice rules — these cannot be contracted out of.
Points specific to Scotland
- Scotland: new lettings are Private Residential Tenancies under the Private Housing (Tenancies) (Scotland) Act 2016 — open-ended, ended by the landlord only on a statutory ground, with disputes heard by the First-tier Tribunal for Scotland (Housing and Property Chamber).
- A deposit cannot exceed two months' rent and must be lodged with an approved scheme within 30 working days. Landlords must be registered with the local council. The Housing (Scotland) Act 2025 is introducing further changes, including a rent-control framework.
- Be Contract Wise (Scotland) does not prepare Private Residential Tenancies. Use the Scottish Government's free model tenancy agreement at mygov.scot, or a solicitor; the app can prepare a lodger agreement.
Different rules can apply elsewhere in the UK: see the England and Wales version of this guide.
Common mistakes
- Using an old assured shorthold tenancy template in England after the Renters' Rights Act changes.
- Not protecting the deposit within the time limit.
- Treating a whole-home let as a lodger arrangement to avoid tenant protections.
Quick answers
Does a lodger have the same rights as a tenant?
No. A lodger who shares the owner's home is usually a licensee, can be asked to leave on reasonable notice and does not need a court or tribunal order to be evicted.
Letting a home in Scotland?
Use the Scottish Government's free model tenancy agreement for a Private Residential Tenancy. Taking in a lodger instead? Be Contract Wise (Scotland) can prepare a lodger agreement for you.
Model tenancy agreement (mygov.scot)Prepare a lodger agreementReviewed 2026-09-24. General legal information about Scots law, not legal advice.