Damage Responsibility in Shared Housing: Scotland Guide

If you share a flat or house in Scotland, knowing who’s responsible for damage—whether accidental or intentional—can help avoid disputes, protect your deposit, and keep relations smooth with your landlord and flatmates. The rules differ slightly depending on your tenancy type, how the tenancy agreement is written, and the circumstances of the damage.

Understanding Damage Responsibility for Scottish Shared Housing

In Scottish shared accommodation, responsibility for property damage depends on the tenancy agreement (contract), the form of damage, and who caused it. The main categories of renters in Scotland—private tenants in an HMO (House in Multiple Occupation), joint tenants, and lodgers—have key differences in how liability works.

Types of Agreements in Shared Houses

• Joint Tenancy (Common in HMOs): All tenants sign the same agreement and share equal responsibility for rent and damage unless the contract states otherwise.
• Individual Tenancy: Each housemate has their own agreement covering their room and shared spaces, and is usually responsible only for their own obligations.
• Lodgers: Individuals renting a room in the landlord’s home (where the landlord also lives) usually have fewer rights and different rules concerning damage.

The Scottish Government’s housing guidance explains these tenancy types in more detail.

What the Law Says About Damage and Liability

According to the Private Housing (Tenancies) (Scotland) Act 2016, tenants must take care of their property and report any damage swiftly. However, your specific tenancy agreement may have further clauses about what happens if damage occurs in shared spaces (such as kitchens, bathrooms, or living rooms).

• Accidental Damage: Liability may be joint or individual. In a joint tenancy, the landlord can usually hold all tenants equally responsible unless it’s proven that one individual caused the damage. In individual agreements, only the tenant responsible (or whose space is affected) pays for repairs.
• Intentional Damage: The person who caused the damage is usually responsible. If it’s unclear, joint tenants may all be asked to pay.
• Communal Areas: For repairs in shared spaces, joint tenants may be "jointly and severally" liable—meaning the landlord could deduct repair costs from everyone's deposit unless the culprit can be identified.

If you disagree with any deduction, you have specific rights to contest them via the approved deposit protection scheme or the First-tier Tribunal for Scotland (Housing and Property Chamber).

Deposits, Repairs, and Protection Schemes

Landlords in Scotland must protect your deposit within 30 working days with a government-approved Tenancy Deposit Scheme. Deductions can only be made for genuine damage or unpaid bills. Normal wear and tear is never deductible.

• Deposit Protection Schemes in Scotland:
  • Letting Protection Service Scotland (view site)
  • SafeDeposits Scotland (view site)
  • MyDeposits Scotland (view site)
• Disputes about deductions can be raised with the scheme, who will adjudicate based on inventories, evidence, and the circumstances.

Tip: Always check the property’s inventory at the start and end of your tenancy and take date-stamped photos of all rooms and shared spaces.

Official Forms and How to Use Them

• Deposit Dispute Form (each scheme has its own version)
  • Start your dispute via MyGov Scotland
  • When to use: If you believe your landlord’s deduction is unfair after moving out. For example, if you’re being charged for damage you didn’t cause, submit your evidence and version of events via the dispute form provided by your deposit scheme.
• Form F: Application to the First-tier Tribunal for Scotland (Housing and Property Chamber)
  • Download Form F (PDF)
  • When to use: If your landlord and the deposit scheme both refuse your claim, you can make an application to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a ruling.

The Tribunal is the official body that adjudicates such disputes for private tenants and landlords throughout Scotland.

Taking Action When Damage Happens

If you find damage in your shared home, follow these steps:

• Report the issue to your landlord or letting agent in writing, as soon as possible.
• Discuss with flatmates to agree on what happened and try to reach an agreement over responsibility.
• Keep records of communications and take photos.
• If the dispute cannot be resolved, raise it with the relevant deposit scheme or apply to the Tribunal.

FAQ: Damage Responsibility in Scottish Shared Housing

1. Can a landlord deduct money from my deposit if another tenant caused damage?
   In a joint tenancy, yes—the landlord can deduct from all tenants’ deposits if the person responsible isn’t identified. For individual agreements, only your deposit should be affected for your own actions or room.
2. What if I disagree with a deduction for damage I didn’t do?
   You can raise a dispute with your deposit protection scheme, submitting evidence like emails or photos. If you’re still unhappy, you can escalate to the First-tier Tribunal for Scotland (Housing and Property Chamber).
3. Who is responsible if a guest damages shared property?
   Usually, the tenant who invited the guest is responsible, but in a joint tenancy, all tenants may be held liable unless someone admits responsibility.
4. Does wear and tear count as damage?
   No, fair wear and tear—such as worn carpets or faded paint—cannot be charged as damage under Scottish law.
5. Where can I check my rights if I’m a lodger?
   You’re protected in different ways as a lodger. Start with the Scottish Government’s advice for lodgers.

Key Takeaways: What Renters Should Remember

• Responsibility for shared housing damage in Scotland depends on your agreement type and who caused the damage.
• Deposits must be protected, and you have the right to challenge deductions for unfair damage claims.
• For unresolved disputes, the First-tier Tribunal for Scotland (Housing and Property Chamber) can help resolve the matter.

Understanding your contract, recording property condition, and acting quickly in disputes help protect your rights and your money.

Need Help? Resources for Renters

• Scottish Government: Problems in Your Tenancy
• First-tier Tribunal for Scotland (Housing and Property Chamber): Apply for legal resolution on damage or deposit disputes
• Shelter Scotland – Free Advice for Renters

---

1. Private Housing (Tenancies) (Scotland) Act 2016: Text of the Act
2. Scottish Government: Tenancy Deposit Schemes: Deposit Requirements
3. First-tier Tribunal for Scotland (Housing and Property Chamber): Official Tribunal Site

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