Adding Someone to a Scottish Tenancy: Your Step-by-Step Guide

If you’re renting a home in Scotland and someone new—like a partner or friend—wants to live with you, it’s important to add them as a tenant properly. Doing this the right way protects everyone’s rights and responsibilities, and makes sure you both have legal security. This guide explains how to update your tenancy with another person, what steps you’ll need to take, and which official Scottish rules, forms, and organisations are involved.

Understanding Tenancy Types and Adding Tenants

In Scotland, the most common tenancy for private renters is the Private Residential Tenancy (PRT). Under a PRT, tenants have specific rights when it comes to making changes—including adding someone to the tenancy agreement. If you rent from a council or housing association, you likely have a Scottish Secure Tenancy or Short Scottish Secure Tenancy. The process below covers the main scenarios.

Why Add Someone to Your Tenancy?

• Legal Protection: New tenants get the same rights and responsibilities as you.
• Clear Agreements: The landlord knows who lives in the property.
• Shared Responsibility: All tenants become responsible for rent and upkeep.

Discussing this with your landlord before anyone moves in is important, as some tenancy agreements may require their written permission.

The Official Process: How to Add a Person to Your Scottish Tenancy

The main steps depend on your tenancy type. Always start by double-checking your current agreement and speaking to your landlord or letting agent about the process.

For Private Residential Tenancies (PRT)

• Check your agreement: Look for any terms about adding tenants or "assignation" (transferring the tenancy).
• Request landlord’s written consent: You must get written permission from your landlord to add a new tenant’s name.
• Update or create a new tenancy agreement: Landlords may ask you to sign an updated agreement including all tenants, or start a brand new one.
• Provide supporting information: Landlords are allowed to ask for references and contact details for the new proposed tenant.

Once the landlord agrees, ensure both you and the new tenant get a written contract signed by all parties, and a copy for your records. You can refer to the official Scottish tenancy terms for more on consent and changes.

For Council or Housing Association Tenancies

Council and housing association tenants have the ability to apply for a "joint tenancy" with someone living with them for at least 12 months (as a main home). You must apply using:

• Form: Application to Create a Joint Tenancy

How to use this form:

• Obtain the application from your local authority or housing association (links are usually on their websites).
• Complete with everyone’s details and submit it to your landlord for approval.
• You’ll need to prove the other person has lived with you for the right period.

If accepted, the new person will be added with all the same rights and responsibilities as you under the Housing (Scotland) Act 2001 (see footnote 1).

Relevant Forms and Where to Find Them

• Private tenants: Written requests and updated contracts—often supplied by your landlord or letting agent (there is no single national form).
• Council/housing association tenants: Application for Joint Tenancy – found on most council/housing association websites or by contacting your landlord.

What If Permission is Refused?

Your landlord can't unreasonably refuse a joint tenancy or the addition of a tenant if the legal criteria are met. If your landlord says no, you can:

• Request the reasons in writing
• Apply to the housing tribunal: For private renters and social tenants, disputes can be heard by the First-tier Tribunal for Scotland (Housing and Property Chamber)

Your Rights and Responsibilities After Adding a Tenant

Whether it’s a brand new agreement or a joint tenancy, both you and the new tenant share all the same legal rights to stay in the property, pay rent, and observe all tenancy rules. Make sure everyone understands what’s involved, especially around notice periods and ending the tenancy.

1. Can I add anyone to my tenancy, or do they have to live with me first?
   For social housing, the person usually must have lived with you for at least 12 months. For private tenancies, there’s no fixed minimum, but you need your landlord’s consent.
2. Do I need to pay a fee to add someone to my tenancy?
   Landlords cannot charge a fee for simply changing occupants in Scotland, but they may recover reasonable costs for issuing a new agreement.
3. What if my landlord ignores my request?
   If a landlord doesn’t respond, you can seek help from the First-tier Tribunal for Scotland to resolve the issue.
4. Does adding someone affect my housing benefit or Universal Credit?
   Yes, your benefits may change if another adult moves in, so contact Housing Benefit or Universal Credit to report this.
5. Who is responsible for rent if there are joint tenants?
   All named tenants are jointly and individually responsible for the full rent—that means if one person cannot pay, the others must make up the difference.

Need Help? Resources for Renters

• Find your local council for social tenancy forms and advice
• First-tier Tribunal for Scotland (Housing and Property Chamber) – for tenancy disputes
• Citizens Advice Scotland: Housing Advice
• Scottish Government Tenants Guidance

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1. Housing (Scotland) Act 2001: Statutory provisions for joint tenancies
2. Private Housing (Tenancies) (Scotland) Act 2016: Private Residential Tenancy regulations
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Official Scottish Government Tenants’ Rights overview

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