Scottish Private Tenancy Succession Period Falls From 12 Months to 6 Months on 6th October 2026

From 6th October 2026, Scotland’s rules on succession to a private residential tenancy will change. For certain people who may be entitled to become the tenant after the existing tenant dies, the qualifying period they must have lived in the property as their only or principal home will be reduced from 12 months to 6 months.

Succession means that, in certain circumstances, another person can become the tenant after the existing tenant dies. The change applies to specific categories of people and does not mean that anyone who has lived in a privately rented home for six months automatically inherits the tenancy.

What is changing?

The Housing (Scotland) Act 2025 changes the qualifying period in sections 67, 68 and 69 of the Private Housing (Tenancies) (Scotland) Act 2016. From 6th October 2026, the relevant period is reduced from 12 months to 6 months.

The change covers private residential tenancies and applies where the tenant’s death occurs on or after 6th October 2026. The date the tenancy started is not the trigger for the new rule.

Who can succeed to a private residential tenancy?

The succession rules cover three categories of potential successor: a bereaved partner in the circumstances set out in section 67, a qualifying family member under section 68, and a resident carer under section 69.

Bereaved partners

Where the sole tenant dies, a bereaved partner can become the tenant if the statutory conditions are met. For an unmarried partner who was not in a civil partnership with the tenant immediately before the death, one of those conditions is that the property was the partner’s only or principal home for a continuous period ending with the tenant’s death. From 6th October 2026, that period is reduced from at least 12 months to at least 6 months.

Qualifying family members

Where the statutory conditions in section 68 apply, a member of the tenant’s family may become the tenant. The family member must meet the relevant conditions, including the requirement concerning the property being their only or principal home for a continuous period ending with the tenant’s death. The qualifying period is reduced from 12 months to 6 months.

Resident carers

Where section 69 applies, a resident carer may become the tenant if the statutory conditions are met. These include the property being the carer’s only or principal home and other conditions concerning their circumstances. The qualifying period is reduced from 12 months to 6 months.

What does the six-month qualifying period actually mean?

The six months is part of the existing legal test for succession. It is not a general rule that anyone who has lived in the property for six months gets the tenancy.

For example, a person might have lived in the property for more than six months but still not qualify because they do not fall within one of the statutory categories or because another condition has not been met.

What are the other conditions?

The qualifying period is only one part of the succession framework. Depending on the category, the legislation also sets conditions about the person’s relationship to the tenant, their age where applicable, and whether the property was their only or principal home.

Notification to the landlord is also important. Under the existing rules, the legislation provides that time spent occupying the property for these purposes is not counted until the landlord has been notified in writing that the property is being occupied as the person’s only or principal home. This means that simply moving in does not necessarily start the qualifying period.

When does the new rule start?

The amended provisions take effect on 6th October 2026. The key date is the tenant’s death: the new succession provisions apply where the tenant dies on or after that date.

What happens before 6th October 2026?

Before the change takes effect, the relevant qualifying period remains 12 months where the existing succession rules require that period. The reduction to 6 months applies from the commencement date set out for the amended provisions.

Does this affect landlords?

Private landlords should be aware that the qualifying period for certain succession cases is changing. The change does not give a landlord discretion to decide whether a person qualifies: eligibility depends on the statutory conditions.

Does this apply to social housing?

No. This article is about private residential tenancies. Scottish secure tenancies and their succession rules are governed separately, including separate provisions in the Housing (Scotland) Act 2025.

What does this mean in practice?

Suppose, hypothetically, that a qualifying family member has made the property their only or principal home and satisfies all the other legal conditions. Under the old 12-month period, they would need to have met the relevant residence requirement for at least 12 continuous months ending with the tenant’s death. From 6th October 2026, the corresponding qualifying period becomes 6 continuous months.

In another hypothetical case, someone could have lived with the tenant for six months but still fail to qualify because they are not within one of the categories covered by the legislation or because another condition has not been satisfied.

Information checked

This article was checked against the Scottish Government’s private renting guidance, the Housing (Scotland) Act 2025, the Housing (Scotland) Act 2025 (Commencement No. 3) Regulations 2026, the Private Housing (Tenancies) (Scotland) Act 2016 and the official explanatory notes. The Scottish Government confirms that the qualifying period for certain private tenancy succession rights reduces from 12 months to 6 months on 6th October 2026. The legislation confirms that the amended provisions apply to deaths occurring on or after that date.

Sources: Scottish Government: Private renting · Scottish Government: Tenant rights and protections · Housing (Scotland) Act 2025 explanatory notes · Commencement No. 3 Regulations 2026.