The law in Scotland in the private rental sector has been radically reformed in recent years, including the creation of a new form of private tenancy: the Private Residential Tenancy. The Housing (Scotland) Act 2025, which recently received Royal Assent, will make a number of further significant changes, including controversial rules on rent control, new rules regarding pet ownership (see our other article on this issue for more on this) and allowing tenants to make certain changes to let property. The provisions are not yet in force, and will require consultation and then secondary legislation before they come into full effect.
The current position
Under the law at present in Scotland there is generally contractual freedom for parties regarding what changes can be made to let property. The tenancy agreement will generally determine parties' rights and obligations, including what rights (if any) a tenant has to make changes to the property they rent.
Scottish Government statistics suggest that, with Private Residential Tenancies, most landlords have elected to adopt the Model Private Residential Tenancy. The relevant clause of this contains a blanket prohibition on the tenant making alterations to let property – internal or external – without the prior written consent of their landlord. It states:
"The Tenant agrees not to make any alteration to the Let Property, its fixtures or fittings, nor to carry out any internal or external decoration without the prior written consent of the Landlord.
Any request for adaptations, auxiliary aids or services under section 37 of the Equality Act 2010 or section 52 of the Housing (Scotland) Act 2006 must be made in writing to the Landlord and any other owners of the common parts, where appropriate. Consent for alterations requested under this legislation should not be unreasonably withheld. If no consent is given for the adaptations you may appeal to the Tribunal in relation to section 52 (or sheriff court in relation to section 37) within 6 months of being notified of the decision. Before doing this, you may find it helpful to discuss your circumstance with your local Citizens Advice Bureau, Shelter Scotland or the local authority for the area where the Let Property is situated."
There are separate rules for adaptations under section 37 of the Equality Act 2010 or section 52 of the Housing (Scotland) Act 2006.
Rationale for change
The 2022 Scottish Census showed there to be in the region of 887,600 households in rented accommodation in Scotland (around one-third of all households). Of this figure, around 311,500 households were in the private rental sector.
When the Housing (Scotland) Bill was first introduced to the Scottish Parliament, the Scottish Government's Regulatory Impact Statement went into some detail on the rationale for reform in this area. Its arguments included:
"Where tenants are not afforded the right to personalise their space, this undermines their ability to feel at home in their property, which also undermines their health and wellbeing."
"For low-income tenants there could be more systemic tenant/landlord power asymmetries that make them less likely to want to request improvements from their landlords."
"There are arguments based on economic efficiency for government intervention in this area, in particular due to misaligned incentives."
"There is also an equity argument, that tenants should have a similar ability to personalise their homes as people living in other tenures."
What will change
The new Act divides changes into two categories. Minor changes (category 1) will not require the landlord's permission. More extensive changes (category 2) will require the landlord's consent, which cannot be unreasonably refused. Nor can unreasonable conditions be attached. A category 2 change to the let property will only be possible if the change is made at least six months after the start of the tenancy.
The precise definitions of these categories have not yet been determined, and will follow by way of secondary legislation.
Under the new rules a request to make a category 2 change must be in writing, and fulfil any other conditions which may be prescribed by the Scottish Ministers in delegated legislation. (The rules do not specify what details a tenant will be required to provide, and it is likely that further detail will also be included in secondary legislation.) Within 30 days of the landlord receiving the request, they must reply stating whether they consent or they are refusing to give consent. Like the tenant's request, this notice must be in writing, specify any conditions the landlord may seek to impose (which must be reasonable) or give reasons for any refusal, and must also fulfil any other which may be requirements prescribed by the Scottish Ministers.
If a landlord fails to give notice within the prescribed 30-day period, they will be deemed to have refused to consent. This triggers the tenant's right to appeal to the First-tier Tribunal. The new act sets out the appeals process at high level, although the finer detail will again require further secondary legislation following a consultation process. It is also likely further detailed procedural rules will be made by the First-tier Tribunal in due course.
In what circumstances might a refusal or conditions be reasonable?
The new Act does not define or describe this. Instead, it makes provision for Scottish Ministers to make regulations specifying circumstances in which it would be reasonable or unreasonable for a landlord to refuse consent for a category 2 change, as well as factors that would tend to show that refusal is or is not reasonable.
Similarly, there is also provision for the Scottish Ministers to make regulations specifying conditions or type of condition which would or would not be reasonable, as well as factors that tend to show that a condition is or is not reasonable.
When these are eventually defined, they are unlikely to be exhaustive lists, but nevertheless will probably provide helpful guidance to landlords and tenants alike.
What happens next?
Several important questions are unanswered in the new Act, and are left to secondary legislation. Before that process can start, Scottish Ministers are obliged to hold a consultation exercise with people who appear to them to represent the interests of both tenants and landlords. Balancing the interests of tenants and landlords may be complex – particularly with regard to the more extensive category 2 changes – so this process may take considerable time.
Legitimate concerns for landlords
Landlords will understandably be concerned about exactly how the two categories will be defined, and whether the more substantial changes might affect their ability to let or sell the property afterwards.
Much will have to be worked out during the consultation process. Landlords are likely to have a number of legitimate questions on category 2 works, including the scope of the works; how those works are intended be carried out, and by whom; what the timeframe will be for the works; and how a landlord's interests in the property will be protected if the works are not completed or are defective.
What should landlords do now?
It will probably be quite some time before the new rules come into force. Nevertheless, landlords should keep a close watch on the situation, to ensure that they comply with the changes when they do come into effect. We'll post updates on our website as the picture becomes clearer.
Landlords who do not already have a process in place to deal with tenant requests to make changes may wish to start considering what one could look like.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
