Adding a Flatmate to a Tenancy in Scotland: Your Rights Explained

Thinking about sharing your rental home in Scotland by adding a flatmate? It’s important to understand your rights and responsibilities before taking this step. Scottish tenancy law treats adding occupants differently depending on your tenancy type, whether your landlord agrees, and what your contract says. This guide explains the legal requirements, available forms, and practical steps to help you stay protected and avoid misunderstandings.

Understanding Tenancy Types and Adding Flatmates

Most renters in Scotland have either a Private Residential Tenancy (PRT), or, less commonly, an Assured Tenancy (usually started before December 2017). Your right to add a flatmate (someone who isn’t already on the tenancy agreement) depends largely on your tenancy agreement and your landlord’s permission.

• Joint tenant: If the new person is added as a joint tenant, they gain the same rights and responsibilities as you.
• Lodger or subtenant: Letting someone move in without landlord consent can risk eviction or breaking your agreement.
• Flatmate/Additional Occupant: Sometimes a flatmate can be classed as a permitted occupier, but this doesn’t give them legal rights in the property.

What Does Your Tenancy Agreement Say?

Your tenancy agreement will usually set out rules for taking in extra people. Most agreements require you to get written consent from your landlord if you want to:

• Add a joint tenant (someone with equal rights and obligations)
• Let someone move in as a lodger or subtenant

If you add a flatmate without landlord consent, you could breach your contract and risk eviction.

Do You Need Landlord Permission?

Yes, in almost all cases, landlord permission is required. For Private Residential Tenancies, the Housing (Scotland) Act 2016 says you can only take in another tenant with the landlord’s written consent^[1].

Landlords should not refuse permission unreasonably, but they may consider factors such as the property’s size, local HMO (House in Multiple Occupation) rules, or if the new flatmate can pass referencing checks.

Tenancy Agreement Change Process

If your landlord agrees, here’s what typically happens:

• You and the new flatmate may need to sign a new tenancy agreement as joint tenants.
• Alternatively, a variation or amendment can be added in writing to the current agreement.
• The landlord may run referencing checks on your flatmate.

Relevant Official Forms and Practical Examples

• Private Residential Tenancy Agreement Template
  Official Scottish Government PRT template^[2].
  When used: If your landlord agrees to add a joint tenant, you may be asked to both sign a new or amended agreement using this template. Example: Erin wants her friend to move in as a joint tenant, so the landlord creates a new PRT for both.
• Notice to Add or Remove a Joint Tenant (no set form number)
  There is no standard statutory form, but changes must be made in writing with all parties' agreement. Your landlord should provide the correct paperwork.
  When used: This is for documenting any change to the named tenants on the agreement.

HMO Licensing – Does It Apply?

If the property will have three or more unrelated people living together, it may require an HMO (House in Multiple Occupation) licence. This is the landlord’s responsibility, but you must consider:

• Never add a flatmate if it would put your home in breach of HMO licensing rules.
• Landlords can refuse extra occupants if it would require them to get or alter an HMO licence.

It’s always safest to ask your landlord and check with your local council’s housing department if you’re unsure about HMO laws.

Action Steps for Adding a Flatmate Legally

1. Check your tenancy agreement for clauses about extra occupants, subletting, or joint tenants.
2. Contact your landlord in writing to request permission.
3. Sign any new/amended tenancy agreement as required, along with your flatmate and landlord.
4. Your landlord may need to check HMO requirements (especially for 3+ unrelated people).
5. Keep copies of all correspondence and agreements for your records.

If your landlord refuses permission and you believe they are being unreasonable, you can seek advice from Citizens Advice Scotland or apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).

FAQ: Adding Flatmates in Scottish Tenancies

1. Do I need landlord permission to let a flatmate move in?
   Yes, you usually need written consent, especially if they become a joint tenant or pay rent. Letting someone move in without consent could breach your tenancy and risk eviction.
2. Can my landlord refuse to let me add a flatmate?
   Your landlord shouldn’t refuse unreasonably, but they may if the property is unsuitable, fails HMO licensing, or if the new occupant doesn’t pass referencing checks.
3. What if my flatmate only stays part time or as a guest?
   Short-term guests don’t usually require landlord consent, but if their stay is prolonged or they contribute towards rent, they may count as a flatmate or subtenant.
4. Is there an official Scottish Government form for adding a joint tenant?
   No, but a written agreement with your landlord and all tenants is required. Use the official PRT template if a new tenancy is needed.
5. Where can I get help if my landlord refuses my request?
   You can seek free advice from Citizens Advice Scotland and, if needed, dispute decisions at the First-tier Tribunal for Scotland (Housing and Property Chamber).

Conclusion: Key Takeaways for Scottish Renters

• Always check your tenancy agreement and get written landlord permission before adding a flatmate.
• Use official tenancy agreement templates for new joint tenants and document all changes in writing.
• If your household will have three or more unrelated people, HMO rules may apply—ask your landlord or council for advice.

Staying informed helps you protect your tenancy and avoid problems when sharing your home.

Need Help? Resources for Renters

• Scottish Government: Renting Your Own Place – Official guidance for tenants
• PRT Agreement Notes – Details on Scottish tenancy agreements
• Citizens Advice Scotland – Housing – Free advice for renters
• First-tier Tribunal for Scotland (Housing and Property Chamber) – Tribunal for resolving tenancy disputes
• Scottish HMO Licensing Guidance

1. [1] Private Housing (Tenancies) (Scotland) Act 2016
2. [2] Statutory Terms for Scottish Private Residential Tenancy