Excluded Categories
This is not intended as a precise statement of the law. You may wish to seek advice from an advice centre or solicitor engaged in private practice.
The following types of tenancy cannot be private residential tenancies. These excluded categories are listed in Schedule 1 of the Private Housing (Tenancies) (Scotland) Act 2016 and the following is intended to be a summary of that list. It is not intended to be an exact statement of the law.
- A tenancy that started prior to 1 December 2017.
- A tenancy on which either no rent is payable or the rent payable is less than £6 per week.
- Tenancies of shops.
- Licensed premises.
- Tenancies of agricultural land.
- Tenancies of agricultural holdings.
- Lettings to students by specified institutions or bodies. This does not apply to students renting from a private landlord. They are likely to have an assured or short assured tenancy or after 1 December 2017 a private residential tenancy.
- Holiday Lets. Resident landlords - there is further information within the Private Sector Tenants FAQ's regarding Resident Landlords, a link is available in the 'Related Links' section of this page.
- Police or Military housing.
- Local authority and Housing Association tenancies.
- Shared Ownership properties.
Getting Help with Excluded Categories
If you are unsure if the property being rented falls into one of these excluded categories then you should contact the Homelessness and Advice section for more information on telephone 01856873535.
