If you let residential property in Stirling – whether a tenement flat near the Old Town, a modern new-build in Cambusbarron, or a family home in Bridge of Allan – your tenancy is governed by a legal framework that is fundamentally different from England and Wales.
Scotland operates under the Private Housing (Tenancies) (Scotland) Act 2016, which introduced the Private Residential Tenancy (PRT). Since 1 December 2017, every new private residential tenancy in Scotland must be a PRT. If you are still operating under an older assured or short assured tenancy, it is time to review your position.
At Martin & Co Stirling, we work with landlords across the area every day — from first-time investors to experienced portfolio holders — helping them navigate Scottish legislation with confidence and without the stress.
What makes the Scottish PRT different?
The most significant change the PRT brought was the removal of fixed-term tenancies as a tool for ending a let. Under the old framework, a landlord could simply let a property for six or twelve months and reclaim it at the end of the term.
Under the PRT, all tenancies are open-ended. There is no mechanism to end a tenancy simply because a fixed term has expired. A tenancy continues until either the tenant chooses to leave or the landlord serves a valid notice to leave based on one of the legally specified grounds.
This is a crucial distinction — and one that catches out landlords who are new to the Scottish market or who have recently moved from letting properties in England.
Serving a notice to leave: the rules Stirling landlords must follow
To end a PRT, landlords must serve a notice to leave using one of 18 prescribed grounds set out in the Act. These grounds include scenarios such as the landlord wishing to sell the property, a family member needing to move in, or the tenant being in rent arrears.
Notice periods in 2026
The notice period depends on how long the tenant has been in the property and which ground is being used.
It depends on the eviction ground being relied upon and the current statutory requirements. Landlords should always check the latest Scottish government guidance before serving a notice to leave.
It is essential that the correct form is used, the correct ground is cited, and the correct notice period is applied. An incorrectly served notice is invalid and cannot be relied upon at the First-tier Tribunal for Scotland (Housing and Property Chamber), which is the body that adjudicates private tenancy disputes in Scotland.
The First-tier Tribunal for Scotland
Unlike England and Wales, Scottish landlords do not use the county court system for eviction proceedings. All disputes under the PRT, including applications to evict, are handled by the First-tier Tribunal. Understanding this process is vital for any landlord with property in Stirling or across the Stirling Council area.
Tenancy deposit protection in Scotland
All landlords in Scotland must protect their tenant’s deposit with one of three government-approved schemes: SafeDeposits Scotland, Letting Protection Service Scotland, or myDeposits Scotland.
The deposit must be paid into an approved tenancy deposit scheme and the required information provided to the tenant within 30 working days of the tenancy beginning. . Landlords must also provide the tenant with written confirmation of where the deposit is held.
Failure to protect a deposit can result in a penalty of up to three times the deposit amount — a significant financial risk for any landlord, whether you manage one property or a large portfolio across Stirling and the surrounding Forth Valley.
Pre-tenancy documentation: what must be provided
Before a PRT begins, landlords are legally required to provide tenants with a specific set of documents.
These include the written tenancy agreement, the Scottish Government’s supporting notes where applicable, a current Gas Safety Certificate (where required), an Energy Performance Certificate and any other documents required by law. Landlords must also assess the risk of Legionella in the property.
Landlord registration
All private landlords in Scotland must also be registered with their local council. In Stirling, this means registering with Stirling Council. Letting a property without a valid registration number is a criminal offence under the Antisocial Behaviour etc. (Scotland) Act 2004.
If you use a letting agent, that agent must also be registered with the Scottish Letting Agent Register, maintained by the Scottish Government. Martin & Co Stirling operates in full compliance with all Scottish registration and regulatory requirements.
Rent increases under the PRT
Under the PRT, landlords can only increase rent once in any 12-month period. The correct procedure is to serve a rent increase notice using the prescribed form, giving the tenant at least three months’ notice before the increase takes effect.
If a tenant believes the increase is above market rate, they can refer it to Rent Service Scotland for an independent adjudication. Rent Service Scotland will assess what a market rent for the property would be, and their determination is binding.
Stirling’s rental market has seen sustained demand in recent years, particularly around the University of Stirling campus in Airthrey, the city centre, and commuter-friendly areas like Bannockburn and St Ninians. Understanding the correct process for rent increases ensures you can respond to market conditions without falling foul of the legislation.
Tenant referencing and right to rent in Scotland
While the Right to Rent scheme — which requires landlords to check a tenant’s immigration status — applies in England only, Scottish landlords still have a duty of care when selecting tenants. Robust referencing remains best practice and is strongly advisable.
At Martin & Co Stirling, we use state-of-the-art tenant background checks as standard across all our lettings services. This includes credit checks, employment verification, and previous landlord references — giving you the confidence that your property is in reliable hands before a tenancy begins.
Put your property in safe hands – and enjoy the chance to win
Looking for the right letting agent is about more than staying compliant. It’s about choosing a local team that protects your investment while delivering outstanding service every step of the way.
For a limited time, landlords who instruct Martin & Co Stirling to let their property will also be entered into a prize draw to win a round of golf for four at Alloa Golf Club.
Whether you’re letting your first property or expanding your portfolio, you’ll benefit from expert guidance on Scottish tenancy legislation, comprehensive tenant referencing, ongoing compliance support and proactive property management. Plus, you’ll have the added bonus of being in with a chance of enjoying a day on one of the area’s most popular golf courses.
It’s our way of saying thank you for trusting Martin & Co Stirling to put your property in safe hands.
How Martin & Co Stirling supports landlords across the portfolio
Whether you own a single flat near Stirling Castle or a portfolio of properties across the FK postcode area, compliance with Scottish legislation is non-negotiable. The consequences of getting it wrong — invalid notices, deposit penalties, and tribunal proceedings — can be costly and time-consuming.
Martin & Co Stirling offers a range of lettings services designed to take that burden off your shoulders entirely. From our fully managed premium managed service — which includes rent and legal protection — to tenant finding for landlords who prefer a more hands-on approach, we tailor our support to your needs.
With over 30 years of experience in residential lettings and a network that manages more than 41,000 properties across the UK, we bring genuine expertise to every instruction. Our dedicated local team in Stirling is your sole point of contact — people who know the local market, understand Scottish legislation, and are committed to making your property journey straightforward.
Stay compliant and let with confidence in 2026
Scottish tenancy law is detailed, specific, and distinct from the rest of the UK. For Stirling landlords — whether you are letting your first property or managing an established portfolio — staying on top of PRT obligations is essential in 2026.
The good news is that you do not have to navigate it alone. Our team is here to guide you through every step, from pre-tenancy documentation and deposit protection to rent reviews and, when necessary, the Notice to Leave process.
If you would like to understand what your property could achieve in the current Stirling rental market, book a free, no-obligation valuation with Martin & Co Stirling today. There is no pressure and no hidden costs — just straightforward, expert advice from a team that genuinely understands Scottish lettings.
To discuss your property or ask about our landlord services, get in touch with your local Martin & Co Stirling branch. We are ready to help you let with confidence, compliance, and complete peace of mind.
