If you rent or sublet in Scotland and need to ask a lodger to leave, this guide explains the practical steps, legal distinctions and official forms to consider. It covers the difference between a lodger (often a licence-holder) and a private residential tenant, how to give clear written notice, what counts as reasonable notice, and what to do if a lodger refuses to leave. The information uses plain language for renters and tenants and points to the official Scottish tribunal, legislation and court resources you may need.
When a lodger is different to a tenant
In Scotland a lodger who shares living space with the owner or landlord is often an excluded occupier or licence-holder and does not have the same protections as someone on a private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016[1]. Check any written agreement and the practical facts: who provides keys, who lives in the property, and whether rent is paid regularly.
Practical eviction steps for a lodger
- Give clear written notice stating when you expect them to leave and why, using a notice period that is reasonable for the situation.
- Record how you served the notice (hand delivery, email or recorded post) and keep a copy of the notice for your records.
- Collect evidence showing the agreement terms, payments, messages and dates in case you need to prove the facts later.
- Communicate respectfully and offer realistic moving time and options to avoid escalation.
- Avoid changing locks or removing possessions yourself, as this can be unlawful and may lead to criminal or civil claims.
Official forms and where they apply
Different official forms apply depending on whether the person is a lodger (licence) or a tenant (private residential tenancy). Below are the key official forms and sources to check.
- Notice to Leave (Private Residential Tenancy form) — Form 3: used by landlords to end a private residential tenancy for reasons set out in the 2016 Act; it does not usually apply to lodgers who are excluded occupiers. Example: if someone has a private residential tenancy and the landlord intends to recover possession for breach, the landlord serves this formal notice.[1]
- Application to the First-tier Tribunal (Housing and Property Chamber): use the tribunal forms if the person is a tenant under a private residential tenancy and dispute resolution or eviction via the tribunal is required. Example: a tenant on a PRS served with a Notice to Leave who contests the grounds may require a tribunal application.[2]
- Scottish Courts and Tribunals Service (SCTS) possession or recovery forms: if the lodger is an excluded occupier and will not leave, a landlord may need to raise an action in the Sheriff Court to obtain an order for removal or recovery of possession. Example: where informal notice is ignored and the lodger remains, start court proceedings rather than using self-help.
If you are unsure whether the person is a lodger or a tenant, review the written agreement and consider factors such as exclusive use of rooms, presence of landlord in the property and how rent is charged. If the arrangement matches a private residential tenancy, the 2016 Act will apply and the tribunal route is likely the correct formal process[1][2].
What to expect if you apply to a tribunal or court
If a formal application is needed you will be asked to supply the agreement, copies of notices, evidence of service and records of rent paid. The First-tier Tribunal (Housing and Property Chamber) handles disputes about private residential tenancies in Scotland and provides application guidance and forms[2]. The Sheriff Court handles other civil possession actions, including some cases involving excluded occupiers.
FAQ
- Can I change the locks if a lodger won’t leave?
- No. Changing locks or removing possessions can be unlawful; use formal notice and, if necessary, apply to the appropriate court or tribunal for an order.
- How much notice must I give a lodger?
- There is no fixed statutory period for many lodgers; notice should be reasonable and proportionate to the circumstances and any agreement terms.
- Does the Private Housing (Tenancies) (Scotland) Act 2016 protect lodgers?
- Not always. The Act protects private residential tenants; lodgers who share accommodation with the owner are often excluded and have fewer statutory protections.
How-To
- Check the written agreement and decide whether the occupant is a lodger (licence) or a private residential tenant.
- Give clear written notice to the lodger stating the date to vacate and keep a copy and proof of service.
- Collect and organise evidence: agreement, receipts, messages and photos of exclusive areas or shared use.
- If the lodger refuses to leave, seek official guidance from the Housing and Property Chamber or Scottish Courts before starting court action.
- If you must apply to a tribunal or court, complete the correct official application form and attach your evidence; follow hearing directions carefully.
Key Takeaways
- Determine whether the person is a lodger or a private residential tenant before acting.
- Always give clear written notice and keep proof of how and when you served it.
- Avoid self-help evictions; use tribunal or court routes to remove a lodger safely and lawfully.
Help and Support / Resources
- Private Housing (Tenancies) (Scotland) Act 2016
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Scottish Courts and Tribunals Service (SCTS)
