New Renters rights In England - Scotland Already Has More Rights - A Look At The Differences

28th October 2025

Based on recent and upcoming legislation, renters in Scotland have greater security of tenure and a clearer path for challenging rent increases compared to the new rules being introduced in England. England's Renters' Rights Act aims to bring its protections closer to the Scottish system, but key differences remain.

Renters in Scotland enjoy relatively strong protections, and that the new Renters' Rights Act in England brings in major changes — but there are still important differences between the two systems. Below is a comparison of key features of security of tenure and rent increase challenge rights in Scotland vs. England (with upcoming / recent reform), plus what remains different.

Scotland: What protections are already in place

Here are some of the key features of the Scottish system that give renters stronger security and challenge rights:

Under the Private Housing (Tenancies) (Scotland) Act 2016 (which came into force Dec 2017) private tenancies in Scotland are the new "private residential tenancy" (PRT). Landlords cannot grant the old assured or short‐assured tenancies for new lets.

With the PRT in Scotland:

There is no fixed end date to the tenancy by default - unless terminated by the tenant giving notice, or the landlord using one of the statutory eviction grounds.

Rent increases can only be made once per 12 months (in many cases) and the landlord must give at least three months' written notice for a rent increase.

Additional protections: The Cost of Living (Tenant Protection) (Scotland) Act 2022 introduced moratoria on evictions and rent-increase freezes during the worst of the cost-of-living crisis.

The Scottish government and Parliament are moving further: for example, in October 2025 the Scottish Parliament voted to allow local councils to impose rent-increase caps (zones) at inflation +1 % (up to a cap of 6 %) in designated areas.

So, renters in Scotland already have a fairly high baseline of protection: stable tenancy rather than fixed short‐term, clear notice periods for rent rises, statutory eviction grounds rather than arbitrary termination.

England: What the Renters' Rights Act brings (and what gaps remain)

England's new legislation marks a major shift in tenant rights in the private rented sector. Some of the core reforms of the Renters' Rights Act (formerly Bill) include:

The abolition of "no-fault" (Section 21 of the Housing Act 1988) evictions, meaning landlords cannot simply evict tenants without giving a valid reason.

Fixed‐term assured shorthold tenancies (ASTs) will be removed: a move to periodic tenancies (rolling month by month) for most private renters.

New rules on rent increases: For instance, in England the Act will prohibit contract clauses that automatically hike rent; landlords will need to follow the statutory mechanism (Section 13 notice) with two months' notice, and tenants have the right to challenge the increase at a tribunal.

Prohibitions on discrimination (e.g., against benefit claimants), a national landlord registration or database, and enhanced enforcement mechanisms.

These changes make the English system much stronger than before for tenants. But it's worth noting what still remains or what the Scottish system continues to do differently.

Although England’s Renters’ Rights Act aims to mirror some of Scotland’s stronger tenant protections, several important distinctions remain between the two systems — particularly around tenancy duration, rent regulation, and implementation timelines.

In Scotland, the Private Housing (Tenancies) (Scotland) Act 2016 created a single, open-ended tenancy model called the Private Residential Tenancy (PRT). This type of tenancy has no fixed end date, meaning tenants can remain in their home indefinitely unless they choose to leave or the landlord can prove one of the legally defined eviction grounds — such as needing to sell, move in themselves, or where the tenant breaches the agreement. This offers a level of long-term stability that few private renters elsewhere in the UK enjoy.

By contrast, England’s Renters’ Rights Act abolishes fixed-term assured shorthold tenancies (ASTs) and "no-fault" Section 21 evictions, introducing open-ended tenancies as the default. This is a major shift, but the English system is still being implemented and will take time to roll out. While tenants will gain more security, details about transition periods and enforcement remain under development, and the system does not yet offer quite the same entrenched permanence as Scotland’s PRT model.

When it comes to rent increases, Scotland’s rules are clearer and generally stricter. Landlords can typically raise the rent only once every 12 months, and they must provide at least three months’ written notice. Tenants also have the right to challenge unfair increases, and recent legislative changes allow local councils to cap rent rises in designated "rent control zones" at inflation plus 1% (up to a maximum of 6%). This framework provides both predictability and a level of control over rent inflation that England’s system currently lacks.

Under the new English law, rent increases will be governed by the statutory Section 13 process: landlords must issue a proper notice, give at least two months’ warning, and cannot include automatic "review clauses" in tenancy contracts. Tenants will have the right to challenge proposed increases at a tribunal — and importantly, the tribunal cannot set a higher rent than the landlord originally proposed. However, the English model does not include local rent caps or broader rent control measures, meaning that although tenants can dispute excessive increases, there is no overarching limit on how much rents can rise over time.

In terms of eviction protections, Scotland already operates with a well-established list of statutory eviction grounds that landlords must rely upon to end a tenancy. "No-fault" evictions have effectively been abolished since 2017. England’s new Act removes Section 21 evictions, bringing it closer to this model, but the change will only take full effect once replacement possession grounds are implemented and the courts are ready to handle them. This means that, for now, Scotland’s framework remains more mature and predictable in practice.

Another key distinction lies in rent control and enforcement. Scotland is unique in giving local councils the power to implement rent caps — a step the English government has not adopted. While the Renters’ Rights Act strengthens enforcement through a new landlord database and clearer tribunal processes, these systems are still being established. Scotland, on the other hand, already has functional oversight mechanisms through Rent Service Scotland and the First-tier Tribunal (Housing and Property Chamber), which provide accessible routes for tenants to challenge issues.

Finally, there are differences in implementation and readiness. Scotland’s tenancy reforms have been fully operational since 2017 and are embedded in the housing market. England’s Renters’ Rights Act, though now passed into law (as of late 2025), will come into force gradually, with transitional arrangements for existing tenancies. This means that while English renters will eventually see protections comparable to those in Scotland, the system is not yet fully live, and there may be uncertainty during the transition period.

In summary, while both nations are moving toward stronger renter protections, Scotland remains ahead in practice. Its private residential tenancy model offers true open-ended security, rent increases are tightly regulated and subject to caps in some areas, and eviction is only possible under defined statutory grounds. England’s Renters’ Rights Act is a landmark step toward this model, but without rent control measures and with phased implementation, it will take time before English renters enjoy the same level of stability and predictability that Scotland’s tenants already have.

[b/What this means for renters[/b]

For renters in Scotland: your tenancy is likely to be more stable, with fewer surprises, more predictable rent increases and stronger protections against arbitrary eviction.

For renters in England: the new Act is genuinely a major step forward — much stronger protections than formerly existed, especially around eviction and rent increases. But because many of the systems and enforcement mechanisms are yet to be fully in place, the practical effect may lag.

In comparative terms: Scotland currently holds a somewhat stronger position, especially in tenancy stability and especially for eviction protections and rent‐increase limits (in some zones). England is catching up but may still fall short in some respects (for example, rent control regimes, the practical ease of challenge, implementation time-lag).

For landlords and lettings agents: both jurisdictions are shifting from traditional models; in Scotland the Private Residential Tenancy regime has been operating for some years; in England you’ll need to pay careful attention to the new rules under the Renters’ Rights Act (and see how they are phased in) — e.g., database registration, rent review process, eviction grounds.

Some caveats & things to watch

Implementation matters a lot. A law on the books is one thing; how quickly and effectively it is enforced is another. Even in Scotland there is some concern about how local authorities and tribunals handle challenges.

Local variations: Scotland gives councils powers to designate rent‐cap zones — but whether those are introduced and how effective they are will matter.

Transitioning existing tenancies: In England the shift from ASTs etc will take time; what happens to existing fixed‐terms and what “grandfathering” happens may affect how strong protections feel in practice.

Supply/landlord behaviour: One risk is that landlords may respond to tighter regulations by withdrawing properties or being more selective — which could impact availability or costs in both jurisdictions. Reports of this risk appear in discussion of the Renters’ Rights Act.
The Week

The broader housing market, supply issues, rent affordability, and regional variations (e.g., high-demand areas) all mean that even with strong laws, tenants can still face pressure.