Can a Landlord Live in the Same Property as You? Rules in Scotland

Understanding your rights when living in the same property as your landlord is vital for renters in Scotland. Whether you’re considering a unique housing arrangement or suddenly find yourself sharing spaces with your landlord, knowing the legal implications can help you avoid disputes. This article outlines when a landlord can live with a tenant in Scotland, what rights you have, and the key laws and processes that apply.

When Can a Landlord Live in the Property with You?

In Scotland, whether a landlord can lawfully live in the same property as you depends on the type of tenancy. Most modern renters have a Private Residential Tenancy or Short Assured Tenancy, but there are exceptions if the landlord shares the home with you.

• Resident Landlord Arrangements: If a landlord shares living accommodation with you (such as a kitchen, bathroom, or lounge), you are usually considered a lodger, not a tenant.
• Exclusive Possession: If you have exclusive use of the property and the landlord does not reside there, you likely have a Private Residential Tenancy or Short Assured Tenancy and all standard renter protections apply. See the Private Housing (Tenancies) (Scotland) Act 2016.
• Licences vs. Tenancy: With shared living arrangements, you generally have a licence or occupancy agreement rather than a formal tenancy. This means you have fewer legal protections.

If your landlord lives in the property either before or after you move in, your rights and notice periods are very different from standard renters.

Your Rights if the Landlord Is Living With You

Lodgers (those sharing living space with the landlord) are not covered by the Private Housing (Tenancies) (Scotland) Act 2016. Instead, your rights come mainly from the terms agreed with your landlord and general contract law. This means the protection against eviction and notice periods differ from standard tenants.

• No Tribunal Access for Evictions: If you are a lodger, you cannot normally appeal to the First-tier Tribunal for Scotland (Housing and Property Chamber) for eviction cases.
• Shorter Notice: Lodgers typically receive much shorter notice periods—usually what’s agreed in your contract or a "reasonable" period (often around 28 days, but can be less).
• Right to Quiet Enjoyment: You are still entitled to live in the property without undue interference or harassment from your landlord.

How to Tell If You Are a Tenant or a Lodger

Determining your status is key, as tenants have much greater legal protections than lodgers. You are likely a lodger if:

• Your landlord lives in the same property as you
• You share spaces such as a kitchen or bathroom with the landlord
• The arrangement is for a room within your landlord’s main home

You are likely a tenant (with stronger rights) if:

• You rent the entire property
• You do not share with the landlord
• Your contract is a Private Residential Tenancy or Short Assured Tenancy

For more, see Renting your own place – mygov.scot.

What Forms and Processes Apply?

Private Residential Tenancy (PRT) Agreement

If you do not share with the landlord, your tenancy should use the Private Residential Tenancy Agreement (PRT). This standard contract sets out your rights and duties. Use this form at the start of your tenancy for all eligible situations.

• Form Name: Private Residential Tenancy statutory terms supporting notes
• When/How to Use: Used if you are renting a self-contained property (no sharing with landlord)
• Private Residential Tenancy Agreement – gov.scot

Notice to Leave (for Tenancies)

If your landlord wants to end your Private Residential Tenancy (when you do not live with them), they must use the Notice to Leave form and give proper notice.

• Form Name: Notice to Leave
• When/How to Use: Used by landlords to end a Private Residential Tenancy; must be given with correct notice period
• Notice to Leave – gov.scot

Eviction or Complaint as a Lodger

If you share accommodation with your landlord (as a lodger), there is no official eviction form. Your landlord can end your occupancy by written agreement or reasonable notice unless a longer period is agreed in your contract.

What Tribunal Handles Disputes in Scotland?

If you have a Private Residential Tenancy and do not share with your landlord, your disputes (such as eviction challenges, rent increase objections, or complaints over repairs) are managed by the First-tier Tribunal for Scotland (Housing and Property Chamber).

If you are a lodger, legal disputes are usually addressed through the courts, not the Tribunal.

Action Steps for Renters Sharing with Landlords

• Review your contract carefully. Check if you are a lodger or a tenant.
• If you are a lodger, confirm the notice period and house rules in writing.
• If unsure or facing eviction, contact a free advice service (see below).
• If you have a tenancy, ensure the landlord uses the correct Notice to Leave form and proper process.

Taking these steps will clarify your rights and help avoid misunderstandings.

FAQ: Shared Accommodation and Your Rights

1. Can my landlord move back in while I’m living there?
   If you have a Private Residential Tenancy (PRT) and your landlord tries to move in, your rights do not automatically change; you likely remain a tenant with full protections. However, if you agree to share, your status could change to lodger with fewer rights.
2. How much notice does a lodger get if the landlord wants them to leave?
   There is no fixed statutory minimum in Scotland—most agreements set a period (commonly 28 days), but it can be shorter or longer based on your written agreement.
3. Can I challenge an eviction if I live with my landlord?
   Generally, lodgers cannot challenge evictions via the Housing and Property Chamber; disputes are handled in court under contract law instead. Tenants can challenge through the Tribunal.
4. How do I know if I’m a lodger or a tenant?
   If you share kitchen, bathroom or living spaces with your landlord in their primary home, you are usually a lodger—not a tenant.
5. Are lodgers’ deposits protected?
   No—deposit protection rules under Scottish law apply only to tenants with a standard tenancy agreement, not to lodgers.

Conclusion: Key Takeaways

• Living with your landlord in Scotland usually makes you a lodger, not a tenant—be aware your legal rights are more limited.
• If you rent the whole place and your landlord stays elsewhere, you are most likely a tenant with full statutory rights under the Private Housing (Tenancies) (Scotland) Act 2016.
• Check your agreement and get advice if you’re not sure of your legal status or are facing eviction.

Knowing these differences helps you protect your position and avoid misunderstandings with your landlord.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – official body for tenancy and eviction disputes
• Renting in Scotland – mygov.scot – comprehensive tenant and lodger information
• Shelter Scotland – free housing advice and support on tenancy, eviction, and rights
• Model Private Residential Tenancy Agreement – Scottish Government

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Renting your own place – mygov.scot
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Private Residential Tenancy Agreement – gov.scot
5. Notice to Leave: Ending a Private Residential Tenancy – Scottish Government

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