Is a fixed-term tenancy still available in England?
No. The Renters' Rights Act 2025 makes new private tenancies in England periodic from the outset, and a tenant may bring one to an end by giving 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 is used to let a home to a tenant, while a room in the owner's own home is let to an occupant under a lodger agreement (licence to occupy). Each part of Britain now follows markedly different rules: England has assured periodic tenancies, Wales has occupation contracts and Scotland has Private Residential Tenancies.
When you need one
A tenancy agreement suits the letting of a whole property you do not occupy yourself; a lodger agreement suits renting out a room in your own home.
What it should contain
Parties and property
The parties' identities and a precise description of the let property.
Rent
Rent level, payment frequency and how increases operate under the statutory procedure.
Deposit
The sum and how it is protected in an approved scheme.
Repairs
Statutory repairing obligations on the landlord, and the tenant's duties.
Pets and alterations
What is permitted, subject to the tenant's rights under statute.
Ending the agreement
Notice rules set by statute; the parties cannot contract out of them.
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
- Relying on an outdated English assured shorthold tenancy template now that the Renters' Rights Act has changed the rules.
- Missing the time limit for protecting the deposit.
- Calling a let of the entire home a lodger arrangement so as to escape tenant protections.
Quick answers
Does a lodger have the same rights as a tenant in Scotland?
No. Someone lodging in the owner's own home will usually be a licensee. They may be asked to go once reasonable notice has been given, and evicting them does not require an order from a court or tribunal.
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.