Early Move-Out Charges: Your Rights as a Renter in Scotland

If you’re renting in Scotland and thinking of moving out before your tenancy’s natural end, it’s important to understand your rights and what your landlord is allowed to charge. This article explains the current rules for early move-out charges under the Private Housing (Tenancies) (Scotland) Act 2016 and offers practical advice, links to official forms, and guidance on what to expect when ending your tenancy early.

Understanding Early Move-Out: What Does the Law Say?

In Scotland, most renters have a Private Residential Tenancy (PRT). This agreement gives you flexibility to leave your home, but there are specific steps and notice requirements to follow. If you want to leave your tenancy before you’ve given proper notice, or before your landlord has agreed, you could face certain charges—but only in specific situations, and never arbitrary ‘early move-out fees’.

Official Notice Requirements

To legally end your tenancy, you must provide written notice. The minimum notice is usually 28 days, but your agreement may allow for a longer period. It’s always best to check your tenancy agreement for details.

• If you move out without giving the correct notice, the landlord is entitled to rent for the notice period, or until a new tenant moves in—whichever occurs first.^[1]
• There are no legal ‘early termination penalties’ beyond legitimate costs or actual lost rent.

Permitted Landlord Charges

Under Scottish law, landlords may only recover:

• Lost rent for failing to give notice
• Reasonable costs directly linked to your breach of contract, such as property damage (but not for simply ending a tenancy early)
• Unpaid bills or cleaning costs if excessive and specified in the agreement

See the official Private Residential Tenancy guidance for details.

Deposits, Charges, and What to Watch For

Your landlord holds your deposit in a government-approved scheme, so deductions can only be made for unpaid rent, damage, or authorized charges. Unreasonable ‘early exit’ fees are not permitted.

• If the landlord tries to deduct unfair charges, you can dispute the claim through the deposit scheme or at the First-tier Tribunal for Scotland (Housing and Property Chamber).
• Request a clear breakdown of any deductions and keep written communication.

If you gave proper notice and left the property in good condition, you should receive your deposit back in full.

Official Forms for Moving Out Early

Two main forms may apply when ending your tenancy:

• Notice to Leave (Tenant Self-Notice):
  There is no set government form for a tenant’s notice; however, it must be written, state the day you intend to leave, and be delivered to your landlord. See more on statutory notice requirements and examples.
  Tip: Always keep a copy of your written notice and proof of delivery (such as email confirmation or recorded post).
• Tenant’s Application to the Tribunal (Form AT6/Refer):
  Used if your landlord tries to deduct unfair charges from your deposit or refuses to return it. Learn how to apply using the official tribunal application form.

If You Need to Leave Quickly

If you are leaving due to a hardship (such as health issues or family emergency), speak to your landlord as soon as possible. They may agree to end the tenancy early (“mutual termination”), which should be recorded in writing.

Scottish law protects renters from unfair penalties—but you must follow the proper steps and give legal notice to avoid legitimate rent charges.

FAQ: Early Move-Out in Scotland

1. Can my landlord charge me if I move out early in Scotland?
   Your landlord cannot charge arbitrary fees for moving out early, but you may be liable for rent covering any required notice period if proper notice is not given.
   
2. How much notice do I have to give to end my tenancy?
   For most Private Residential Tenancies, you must give at least 28 days’ written notice. Always check your specific agreement for the notice length.
   
3. What should I do if my landlord withholds my deposit unfairly?
   You can raise a free dispute with the government-approved deposit scheme or apply to the First-tier Tribunal for Scotland if needed.
   
4. Is there an official form I must use to give notice?
   No set form is required, but your notice must be in writing with the date you intend to leave. A letter or email is sufficient if it meets these requirements.
   
5. What happens if I need to leave suddenly due to an emergency?
   Speak with your landlord as soon as possible. They may agree to end the tenancy early, but this should be clearly agreed in writing to avoid misunderstandings.
   

Need Help? Resources for Renters

• Scottish Government: Tenants' Rights in the Private Rented Sector
• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles tenancy disputes
• Rent Service Scotland – advice on tenancy rights and procedures
• Shelter Scotland – free, confidential advice for renters
• Scotland's Tenancy Deposit Schemes – check deposit status or raise a dispute

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Statutory Terms Supporting Notes – Scottish Government
3. Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017
4. Official Notes for Landlords and Tenants – Scottish Government

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