Can You Say No to Landlord Entry in Scotland?
If you rent your home in Scotland, you have the right to privacy and quiet enjoyment of your property. But what happens when your landlord wants to enter your home? Knowing when you can refuse landlord entry in Scotland—and when you must allow access—helps you maintain your rights while avoiding disputes.
Landlord Entry Rights in Scotland: The Basics
In Scotland, your rights and your landlord’s responsibilities are set out in the Private Housing (Tenancies) (Scotland) Act 2016[1]. This law protects your right to privacy but also allows your landlord to access the property in certain situations, such as carrying out repairs, inspecting the property, or fulfilling legal duties.
When Landlords Can Request Entry
- To inspect the property for repair or maintenance
- To carry out agreed repairs or improvements
- For safety checks (like gas, electrical, or fire safety checks)
- To value the property
Your landlord must always give you at least 48 hours' written notice before entering, unless there's an emergency (like a fire or severe leak).
Your Right to Refuse Entry
As a tenant, you are not required to give access to your landlord—or their representatives—if you have not received the proper notice, or if the visit is at unreasonable times.
- You can refuse entry if you are given less than 48 hours’ written notice (unless it’s an emergency).
- You can suggest an alternative, reasonable time if the proposed time is inconvenient.
- If your landlord wishes to come in for reasons not linked to repairs, checks, or inspections, you can refuse entry.
If you do refuse, it’s best to communicate clearly and in writing, explaining the reason and offering an alternative if appropriate.
What If Your Landlord Ignores the Rules?
If a landlord enters your home without giving proper notice or against your wishes (without a valid emergency), this could be considered harassment or a breach of the tenancy agreement. In serious cases, you can raise a complaint with the First-tier Tribunal for Scotland (Housing and Property Chamber)—the official body handling tenancy disputes in Scotland.
Relevant Official Forms
- Model Private Residential Tenancy Agreement:
Most Scottish renters have this tenancy. It sets out access rules—reference these if there’s a dispute or to clarify your rights. - Form - Application to the First-tier Tribunal for Scotland (Form AT6 for certain evictions):
Use to apply for dispute resolution or if your landlord is breaching access rights. Download and submit directly to the Tribunal.
Example: If your landlord keeps entering without proper notice, attach your written evidence and submit this application form.
Action Steps: Refusing Entry or Making a Complaint
- Check your tenancy agreement and note what it says about access
- Communicate your refusal in writing (email or letter)
- If problems continue, gather evidence (messages, dates/times of visits)
- Apply to the First-tier Tribunal for Scotland for dispute resolution or to prevent further unauthorised entry
Refusing entry is your right in Scotland if notice requirements or reasonable times are not met. Familiarity with your tenancy agreement and legislation is key to exercising this right.
FAQ: Landlord Entry Rights in Scotland
- Can my landlord enter without notice in an emergency?
Yes. In genuine emergencies—like a flood, fire, or urgent repairs to prevent serious damage—landlords or contractors can enter without giving you notice. - What counts as proper written notice?
Written notice could be an email, letter, or even a text, as long as it clearly states when and why your landlord wants to enter—and gives at least 48 hours' notice. - Can I refuse access for routine inspections?
You can refuse if you haven’t received the required written notice or if the proposed time isn’t suitable—just be sure to suggest an alternative. - What if my landlord keeps entering without permission?
Gather evidence, notify your landlord in writing, and contact the First-tier Tribunal for Scotland if the problem persists as it could be considered harassment. - Does my landlord have to give notice for viewings if I'm moving out?
Yes—your landlord must still provide at least 48 hours’ written notice and arrange a reasonable time, even for prospective tenant viewings.
Key Takeaways for Renters
- Your landlord must give 48 hours’ written notice for entry (except emergencies).
- You have the right to refuse access unless notice and timing are reasonable.
- The First-tier Tribunal for Scotland can help you resolve disputes about entry or privacy.
Need Help? Resources for Renters
- Scottish Government: Tenants’ Rights – Up-to-date information about your housing rights
- First-tier Tribunal for Scotland (Housing and Property Chamber) – Tribunal for disputes about privacy or unlawful entry
- Shelter Scotland – Get Help – Free, confidential advice on renting problems
- Citizens Advice Scotland: Renting a Home – Local advice centres and online guides
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