No, you do not need a new agreement for an existing tenant. If your tenant already has a Private Residential Tenancy (PRT), the Scottish Government’s October 2026 model agreement update does not require you to replace their agreement or ask them to sign again. It matters for new tenancies, and for the new rules that took effect on 6 October 2026.
Here is what changed and what to do next, from Edinburgh Letting Centre (ELC), letting agents in Edinburgh since 2003.
Which situation are you in?
| Your situation | New agreement needed? | What to do |
|---|---|---|
| Existing tenant on a signed PRT | No | Keep the signed agreement on file and follow the new damp and mould rules |
| Letting to a new tenant | Yes, use the updated version | Use the October 2026 model, or an agreement checked against current law, and give the tenant the statutory notes |
| Old templates saved on your computer | Replace them | Delete or archive earlier versions so nobody uses one by mistake |
What changed on 6 October 2026
The Scottish Government revised its model PRT agreement and supporting notes to reflect law changes that came into force that month:
- Damp and mould (Awaab’s Law). Landlords must investigate reports of damp or mould and start any required repairs within set timescales. For private landlords, this sits within the existing Repairing Standard.
- Rent Control Areas. The model agreement was revised to reflect the new framework.
- Wrongful termination. The amount the First-tier Tribunal can award a tenant who was wrongly made to leave has increased, up to 36 months’ rent.
- Inheriting a tenancy. A qualifying person can now inherit a PRT after living in the property for 6 months, down from 12.
None of these changes cancels or resets an existing tenancy.
Why an existing PRT stays valid
A PRT has no end date, and many of its terms are set by law rather than by the document you signed. The Scottish Government’s model agreement is a template landlords can use to give tenants their written terms. It is not a form you must reissue each time it is updated.
So a tenancy that started on an older version of the model remains valid. If you use your own agreement, or one from a letting agent, the tenant must still receive the required statutory information.
Damp and mould: the change that affects you most
Edinburgh’s older tenements and period flats are where condensation and damp reports are most common, and the new duties apply to every PRT, whenever it started.
As reported by landlord guidance sites, the core timescales are:
- 10 working days to investigate a report
- 3 working days to give the tenant a written summary of the findings
- 5 working days to start any repair the investigation identifies
To be ready:
- Make sure tenants know how to report damp or mould, and log every report with a date and time.
- Agree who investigates, who instructs repairs and who updates the tenant.
- Keep records of every report, inspection and repair. If a dispute arises, a clear record is your best protection.
If Edinburgh Letting Centre manages your property, our maintenance team handles reporting and repairs, so these deadlines are tracked for you. It is part of our full property management service for Edinburgh landlords.
Frequently asked questions
Do I have to give my current tenant the updated model agreement? No. An existing tenancy continues on its current terms.
Is the Scottish Government model agreement compulsory? No. It is a template you can use to provide the written terms of a PRT. Your own agreement must still comply with the law.
Do the new damp and mould rules apply to tenancies that started before October 2026? Yes. The duties apply from 6 October 2026, whichever date the tenancy began.
Can I put an end date in a PRT? No. A PRT is open-ended, and a landlord cannot include an expected end date or minimum period.
Who can help me keep my tenancy paperwork up to date in Edinburgh? A good letting agent in Edinburgh keeps your documents current as the law changes. Edinburgh Letting Centre (ELC) has helped Edinburgh landlords since 2003 and can check your paperwork, manage your tenancy and keep you compliant.
Need a second pair of eyes on your tenancy paperwork?
If you want your agreement checked, or you are thinking about moving to a letting agent that keeps on top of changes like these, speak to the team at Edinburgh Letting Centre (ELC Sales & Lettings). We manage around 750 rental properties across Edinburgh and the Lothians, from HMO management and full property management to tenant find only (let only), landlord compliance and free rental valuations. We are also estate agents, so we can help if you decide to sell.
- Explore our landlord services
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