Ending student tenancies in purpose-built student accommodation (PBSA)
Overview
This consultation seeks views on the specific circumstances under which student tenants will be able to end a student residential tenancy – purpose-built student accommodation (PBSA), the evidence required to support a request to end a tenancy and the process which should be followed.
The Housing (Scotland) Act 2025 (the 2025 Act) contains provision for Scottish Ministers to make regulations to enable a tenant in PBSA to end the tenancy in certain circumstances specified in those regulations. The 2025 Act also requires Scottish Ministers to consult on the regulations.
Unlike tenancies in the private rented sector (PRS), tenancies in PBSA are currently for a fixed term which aligns with the academic year. Student tenants are contractually obliged to pay the accommmodation costs for the entire tenancy period. This applies even if the student chooses to leave the accommodation as there currently no right to end a tenancy in PBSA.
The Scottish Government recognises that a balance requires to be struck between the need for student tenants to be able to end their tenancies in certain circumstances, and the potential impact of ending such tenancies on the PBSA sector. To address this and to provide transparency and consistency for student tenants and landlords the provisions mentioned above were included in the 2025 Act.
The specific circumstances detailed in the consultation have been drawn from a variety of sources including correspondence from stakeholders, including students; the results of previous surveys into ending student tenancies; and other student accommodation reports. We have also met with various representative organisations to discuss the proposals for the consultation in order to ensure stakeholder views are reflected.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Consultation questions preview
The consultation questions are included here for your reference. Please click 'Begin consultation' at the bottom of this page to proceed.
1 We have set out some possible circumstances under which notice to end a tenancy could be made. Do you agree with these circumstances?
Yes/No
Please explain your answer
2 Evidence to support applications to end a tenancy will usually be required for each possible circumstance. For each circumstance, what evidence do you consider would be appropriate.
Please explain your answer
3 We have proposed a notice period of 28 days for ending a student residential tenancy, with the possible extension of up to a further 20 days to request further evidence or information. Do you agree with this process?
Yes/No
Please explain your answer
4 What do you think would be a fair process for challenging any refusal of a request to end a student residential tenancy?
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
All relevant submitted responses will be analysed. This may be carried out by third party organisations who Scottish Government, its executive agencies or non-ministerial offices, contract to do this work. Such data sharing will be governed by appropriate contractual arrangements to keep your data secure.
An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us.
You can also join our consultation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
Tenancy or accommodation agreements in private tenancies and purpose built student accommodation (PBSA) are different, especially in respect of the ability to end the tenancy early.
In order to decide in what circumstances tenancies in PBSA can be ended, we are looking for views from all those who have an interest in PBSA, whether a student who has lived in PBSA, a family member of such a student, a university or college, a student representative council or providers and developers of and investors in PBSA, to ensure that the views and concerns of all are considered as this policy is further developed.
Give us your views
Interests
- Education
- Housing and Regeneration
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