Eviction Rules for Renters in Shared Rooms (Scotland)

If you rent a shared room in Scotland, understanding your eviction rights is vital. Scottish law offers protection for renters in shared living spaces, whether you live in a house in multiple occupation (HMO), are a lodger, or share a room within a larger tenancy. This guide breaks down your rights, the eviction process, and where to get official support.

Eviction: Shared Room Basics in Scotland

"Eviction" means being required to leave your rented home by your landlord. In Scotland, the rules depend on your type of tenancy:

• Private Residential Tenancy: Most private renters since December 2017 have this agreement. It offers protection and specific notice periods.
• Short Assured or Assured Tenancy: Older tenancies (before Dec 2017) with different rules.
• Lodgers: If you live with your landlord and share living space, you have fewer protections.
• HMO Shared Houses: These are licensed properties shared by three or more unrelated people. HMOs must meet safety and management standards.

If you're unsure of your tenancy type, check the Scottish Government tenant guide or ask your local council.

When Can You Be Evicted from a Shared Room?

Your landlord must follow legal procedures. You can only be made to leave if specific conditions are met, depending on your tenancy type:

• Private Residential Tenancies: Eviction is only possible if a valid "eviction ground" applies (such as rent arrears or the landlord selling). The landlord must give you written notice called a Notice to Leave, stating the ground and the date you must go.
• Lodgers: If you live with your landlord and share facilities, you're considered an "excluded occupier". The landlord only needs to give "reasonable notice", often matching your rental payment period. They can ask you to leave without applying to a tribunal, but must not use force or harass you.
• HMO Tenants: You have the same rights as any private renter if you have a Private Residential Tenancy. However, if you share your room (not just common areas) with another, check your agreement as rules can vary.

Even if you share a bedroom, you have rights against unfair or illegal eviction. Harassment or physical removal without a legal process is not allowed. If you believe your rights are being violated, you can seek help from the First-tier Tribunal for Scotland (Housing and Property Chamber).

Notice to Leave: The Main Eviction Form in Scotland

For most renters, landlords must use the official Notice to Leave form:

• Form Name: Notice to Leave (no formal number)
• When Used: Issued to private tenants (including those in shared HMOs) to start eviction
• How to Use: The landlord states the eviction ground (like unpaid rent), the leave date, and delivers it to you. Typically, 28 or 84 days’ notice is required, depending on your circumstances.
• See the Scottish Government Notice to Leave guidance and template

If you disagree with the eviction, you have the right to contest it. The landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), which will decide if eviction is justified under the Private Housing (Tenancies) (Scotland) Act 2016¹.

What Is an HMO and Does It Affect My Rights?

An HMO is a rental property shared by three or more unrelated tenants. HMOs must be licensed, with extra responsibilities for your landlord on safety, repairs, and overcrowding. However, when it comes to eviction, your HMO status alone doesn't remove your rights. The type of tenancy or occupancy agreement you have matters most.

Steps to Take If Facing Eviction from a Shared Room

Don't panic if you receive an eviction notice. By following these steps, you can protect your rights:

• Check your tenancy agreement to confirm your tenant status.
• Ensure any notice is in the correct format (e.g., an official Notice to Leave for most private renters).
• If you want to challenge the eviction, do not leave immediately. Contact the First-tier Tribunal for Scotland or a free advice agency.
• If you are a lodger, speak to your landlord about any disputes and see if you can resolve issues amicably.
• Always seek help if you're threatened with immediate eviction or harassment.

The official tribunal dealing with residential tenancy eviction cases in Scotland is the First-tier Tribunal for Scotland (Housing and Property Chamber).²

FAQ

1. What notice must my landlord give to evict me from a shared room in Scotland?
   Your landlord must usually give either 28 or 84 days' written notice using the official Notice to Leave form, unless you're a lodger. Lodgers are entitled to "reasonable notice" matching your payment period.
2. Can my landlord change the locks or remove my belongings?
   No. It is illegal for landlords to lock you out or remove your possessions without following the legal eviction process. This could be considered unlawful eviction or harassment.
3. Who deals with rental eviction disputes in Scotland?
   Eviction and tenancy disputes in Scotland are decided by the First-tier Tribunal for Scotland (Housing and Property Chamber).
4. Are lodgers protected from eviction in the same way as tenants?
   No. Lodgers have fewer protections and can be asked to leave with "reasonable notice," but still have the right to safe treatment and reasonable time to find somewhere else to live.
5. What can I do if I think my eviction is unfair?
   If you believe an eviction is unfair or unlawful, seek advice from your local council, Citizens Advice Scotland, or apply to the First-tier Tribunal for a decision before leaving.

Key Takeaways

• Most shared room renters in Scotland are protected by the Private Housing (Tenancies) (Scotland) Act 2016.
• Landlords must use the official "Notice to Leave" and follow minimum notice periods unless you are a lodger.
• If you face eviction, know your rights, don’t leave immediately, and seek official advice before responding.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Free official tribunal for all Scottish tenancy disputes
• Scottish Government: Private Renting & Evictions – Official guide to eviction rights and notices
• Citizens Advice Scotland: Housing Advice – Free independent help for renters
• Scottish Government Tenants Guide – Comprehensive explanation of all tenancy types and your rights

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)

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