Can Your Carer Legally Live With You in Scottish Rented Homes?

If you’re renting in Scotland and need support due to disability, age, or mental health concerns, you might wonder if a carer can move in with you. This guide explains your rights, the legal process, and how to work with your landlord so you can get the help you need without risking your tenancy.

Understanding Carers and Tenancy Rights in Scotland

In Scotland, tenants are protected by current housing laws—including the Private Housing (Tenancies) (Scotland) Act 2016. People who need support due to disability, long-term illness, or age are entitled to reasonable adjustments and to ask for their needs to be accommodated. This can include having a live-in carer.

What is a Carer?

• A carer may be a family member, friend, or professional who helps with personal care or daily living tasks.
• They do not generally have tenancy rights unless added to your tenancy agreement.

Can a Carer Live With You in Rented Housing?

Most Scottish tenants are allowed to have a carer live with them, but you must notify or seek permission from your landlord first. This is especially important if the move is permanent or if the carer needs their own key or room.

Types of Tenancies and Permission

• Private Residential Tenancy: The most common tenancy for private renters in Scotland since December 2017. Your rights and obligations are set out in the Act above.
• Council or Housing Association Tenancy: Still governed by law, but with additional guidance for social tenants from your local authority or housing association.

Tip: Always check your tenancy agreement for clauses about lodgers, subletting, or household members. Speak to your landlord and get changes in writing to avoid disputes later.

How to Add a Carer to Your Household

• Inform your landlord or letting agent in writing. Briefly explain why you need a carer to live with you (for example, disability or health reasons).
• For council tenancies, you may need to submit a formal request or use landlord forms. Housing associations may have their own procedures.
• For private tenancies, it's usually a matter of written consent or a short note updating your landlord about your household.

Landlords must not refuse reasonable requests that relate to disability or health needs (as covered by the Equality Act 2010), unless they have a good legal reason.

Official Forms You May Need

• Change in Household Notification (Council or Housing Association tenants): Each council or association may have its specific form (e.g., Glasgow Housing Register application update or Change of Household form). These notify your landlord of new residents for record-keeping and allocation purposes.
  – Find your local council contact for council tenancy changes
• Notice to Add an Occupant (Private Tenants): There’s no national form, but a written letter or email is accepted. State who will move in, their relationship to you, and why a carer is needed.

Always keep copies of all communication for your records.

What Are Your Landlord’s Rights?

Landlords cannot unreasonably refuse a request to have a live-in carer for disability, mental health, or health reasons. If your landlord says no, they must have a strong, legal reason and explain it clearly. Their reasons may include:

• Overcrowding beyond the legal standard
• Restrictions specific to the tenancy agreement
• Tenancy type (e.g., some short-term or shared tenancies)

If you believe a refusal is discriminatory, you have a right to make a complaint or seek tribunal assistance (see below for support options).

Your Carer’s Rights

• Live-in carers do not automatically gain tenancy rights or succession. Their presence is for support only, unless they are officially added as a joint tenant.
• They may stay as long as you live there and require care, but must leave upon your tenancy ending.

Disputes, Complaints, and Seeking Help

If your landlord refuses permission without good reason, or you feel discriminated against because of your disability or care needs, you can:

• Submit a complaint to your landlord, council, or housing association
• Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for disputes about private tenancy rights
• Contact a free advice service, such as Citizens Advice Scotland – Housing

Frequently Asked Questions

1. Can my landlord refuse to let my carer live with me?
   In most situations, landlords cannot unreasonably refuse your request if it relates to a health or disability need. However, certain exceptions apply (like overcrowding).
2. Will my carer become a tenant automatically?
   No, unless you formally add them as a joint tenant. Most carers simply live as a household member to provide support.
3. Do I need to submit a form to add my carer?
   If you rent from the council or a housing association, use their official form or process. For private landlords, a written notification usually suffices.
4. What if my landlord says no?
   Ask for the decision and reasons in writing. If you believe it’s unfair or discriminatory, contact your council or the First-tier Tribunal for Scotland for advice and assistance.
5. Where can I get official guidance?
   Refer to Mygov.scot: Private Renting for government-approved tenant guidance, or seek help from Citizens Advice Scotland.

Key Takeaways

• You generally have a right to ask for a live-in carer in Scottish rented homes, especially for medical, disability, or age reasons.
• Inform your landlord in writing and keep all correspondence.
• Contact the First-tier Tribunal for Scotland if you are refused unfairly or discriminated against.

Need Help? Resources for Renters

• Mygov.scot: Private Renting – Comprehensive guide for Scottish tenants
• First-tier Tribunal for Scotland (Housing and Property Chamber) – Handles all Scottish private tenancy disputes
• Citizens Advice Scotland – Get free, expert housing advice
• How to add a household member: Local council information

---

1. Private Housing (Tenancies) (Scotland) Act 2016: Full legal text
2. Equality Act 2010: View Equality Act
3. Housing and Property Chamber (Scottish Tribunal): Official Tribunal Site
4. Government guidance: Official Scottish tenancy info

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