Scotland's private rented sector is entering a period of significant change. With the Housing (Scotland) Act 2025 now on the statute book and provisions being phased in through 2026 and beyond, landlords face a growing list of legal obligations — and tenants are gaining stronger protections than ever before. Whether you're a landlord trying to stay compliant or a tenant unsure of your rights, getting it wrong can be costly.

At The McKinstry Company, our litigation team in Ayr regularly acts for both landlords and tenants across the full range of residential tenancy disputes — and we're seeing first-hand how this changing legal landscape is reshaping the disputes that land on our desks.

What's Changing Under the Housing (Scotland) Act 2025

The Act introduces a number of reforms that landlords in Ayrshire and across Scotland need to be aware of, including:

• Stronger eviction protections — Tribunals must now consider whether delaying an eviction is reasonable in the circumstances, including the risk of homelessness or hardship to the tenant. Getting eviction grounds and procedure right has never mattered more.
• Tougher penalties for unlawful eviction — financial penalties have increased substantially, and the Tribunal can notify the local authority or Police Scotland where unlawful eviction is found.
• Changes to joint tenancies — individual joint tenants will gain the ability to bring their own share of a tenancy to an end, with the tenancy continuing for the others.
• New rights around pets and personalisation — tenants will be able to request permission to keep a pet or make changes to the property, with landlords required to respond within set timescales.
• Reduced succession periods — a family member will only need to have lived in the property for six months (down from twelve) to succeed to a Private Residential Tenancy when a tenant dies.
• Future rent control areas — local authorities will be able to apply to designate Rent Control Areas, although this is not expected to take effect until 2027 at the earliest.

The Act is being implemented in stages, so the precise obligations in force will continue to evolve over the coming months. What's clear is that landlords who don't keep their paperwork, processes and grounds for eviction in good order are likely to find themselves in a far weaker position before the Tribunal — and tenants have more tools available to challenge action taken against them.

How We Help Landlords

We act for landlords across Ayr and Ayrshire on the full spectrum of residential tenancy matters, including:

• Evictions — advising on and pursuing the correct eviction grounds under the Private Residential Tenancy framework, preparing and serving notices to leave, and representing landlords before the First-tier Tribunal for Scotland (Housing and Property Chamber).
• Recovery of rent arrears — pursuing unpaid rent through the appropriate legal channels, including where arrears form part of a wider eviction case.
• Resident landlord and exempt tenancy issues — advising where a let falls outside the standard PRT regime.
• Tenancy disputes generally — disrepair claims, deposit disputes, breach of tenancy conditions, and disagreements over ending a tenancy.
• Compliance advice — helping landlords understand their obligations as the law develops, so that action taken now stands up to scrutiny later.

How We Help Tenants

We also act for tenants who need to understand or assert their rights, including:

• Challenging eviction notices that don't meet the legal requirements
• Advice on unlawful eviction and harassment by a landlord
• Disputes over deposits, repairs, and living conditions
• Succession to a tenancy following the death of a family member
• General advice on rights under a Private Residential Tenancy

Why Act Early

Tenancy disputes — on either side — rarely improve with delay. Eviction notices that are incorrectly served can be successfully challenged, leading to months of delay. Rent arrears that are left to accumulate become harder to recover. As the Housing (Scotland) Act 2025 continues to roll out new obligations, the standard landlords are expected to meet is only going to rise.

Our litigation team has long experience navigating residential tenancy disputes under Scots law, and in dealing with the Housing Tribunal, combined with the practical, no-nonsense approach you'd expect from a firm that's been part of the Ayr community for more than 40 years.

Get in Touch

If you're a landlord facing a difficult tenancy situation, or a tenant who needs advice on your rights, our team at The McKinstry Company is here to help. Get in touch with us today to discuss your situation with a solicitor who knows Scots tenancy law inside out.