Can You Legally Rent a Room in a Business Property in Scotland?

If you're considering renting a room in a business property in Scotland, it's important to understand the legal background. This situation is more common than you might think—some people look at offices, shops, or other non-residential premises for affordable rooms to rent. But the law in Scotland treats residential and business properties differently, and this affects your rights and protections as a renter.

Is It Legal to Rent a Room in a Business Property?

In Scotland, buildings are usually classed for planning purposes as either "residential" or "non-residential/business" use. Renting a room in a property designed and registered for business use (like an office, shop, or warehouse) often does not meet the rules for residential living. There are important risks to be aware of:

• Lack of Residential Rights: You may not get the same legal protection as renters in standard residential tenancies, such as security of tenure or proper notice periods.
• Planning Permission: Living in a business premises may breach local planning rules unless the landlord secures a 'change of use' to residential. Councils can require you to leave, and fines can apply to landlords.
• Health and Safety Issues: Business properties often lack essential facilities required for homes, such as adequate fire safety, washing, or kitchen provisions.

What Laws Cover Renting in Scotland?

Most renters in Scotland have a Private Residential Tenancy (PRT), protected under the Private Housing (Tenancies) (Scotland) Act 2016^[1]. This law gives you clear rights around eviction, rent increases, and repairs. But if your tenancy is in a "non-residential" property, you might not qualify as a PRT at all, leaving you with far fewer legal rights.

Scottish Tribunals for Rental Disputes

All residential tenancy disputes in Scotland are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). If you're unsure about your tenancy status, you can ask the tribunal for guidance.

What If You're Already Renting a Room in a Business Property?

If you're living in a business property, you may face sudden eviction, health risks, or issues getting repairs. Local authorities can enforce planning breaches, which can force you to leave with little notice.

Forms and Action Steps for Renters

• Notice to Leave (Form AT6 or standard PRT Notice): If your landlord tries to end your tenancy, they must serve you a valid Notice to Leave (for private residential tenancies). See the official Notice to Leave guide for details.
  • Example: If you receive a Notice to Leave on business premises, check if you have a residential tenancy at all. If not, the notice may not be valid, and you may not be protected by standard Scottish rental rules.
• Application to First-tier Tribunal (Form F): If you want to challenge an eviction or dispute your living situation, you may submit an Application to the Tribunal (Form F).
  • Example: Use this form to dispute a sudden eviction or if you're told your tenancy is invalid due to living in a business property.

Note: You can find more about private residential tenancy rights in Scotland from official Scottish Government resources.

Key Risks and Considerations

• You may have limited or no tenancy rights when living in a non-residential property.
• There's a real risk of losing your home with short notice if the local council intervenes.
• You may have difficulty accessing the First-tier Tribunal if your agreement isn't a recognised residential tenancy.
• Health, safety, and suitability issues are common. Non-residential buildings don't have to meet the same standards as homes.

It's always best to seek accommodation that is designed and approved for residential use to ensure your rights and safety.

FAQ: Renting a Room in a Business Property in Scotland

1. Is it illegal to live in a business property in Scotland?
   It isn't automatically illegal, but living in a business property generally requires the landlord to get planning approval for residential use. Without this, it's a breach of planning law and may put both tenants and landlords at risk of action by the council.
2. Will I have a normal private tenancy if I rent a room in a shop or office?
   Usually not. The Private Housing (Tenancies) (Scotland) Act 2016 only covers tenancies in residential property, so your tenancy may not be legally recognised in the same way.
3. What can I do if I'm evicted from a business property unexpectedly?
   Contact your local council's housing department as soon as possible. You may also wish to contact the Housing and Property Chamber to check your options, especially if you believe you have a valid residential tenancy.
4. How can I check if a property is approved for residential use?
   Contact your local council's planning department. They can confirm the property's "use class" and whether residential occupation is permitted.
5. Can I challenge my landlord if they refuse repairs in a business property I'm renting?
   Only if your tenancy is recognised under residential tenancy law. Otherwise, your rights may be limited. Contact Citizens Advice Scotland for advice.

Conclusion: What Should Renters Remember?

• Renting a room in a business property in Scotland often removes many standard renter protections.
• Check planning approval before renting; if in doubt, seek advice from the council or official services.
• Use only official channels to challenge any issues and be wary of "unofficial" rental arrangements in non-residential premises.

Always make sure your home is approved for residential use to protect your rights and safety.

Need Help? Resources for Renters in Scotland

• Scottish Government Tenant Rights Overview
• First-tier Tribunal for Scotland (Housing and Property Chamber) – For rental disputes and tenancy law guidance
• Citizens Advice Scotland – Free, confidential advice for residents
• Contact your local council's housing department for urgent housing issues or illegal eviction concerns

---

1. Private Housing (Tenancies) (Scotland) Act 2016 (legislation.gov.uk)

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation