How to Change Names on a Tenancy Agreement in Scotland

If your circumstances change—perhaps due to marriage, separation, or a new housemate—you may need to change the names listed on your tenancy agreement in Scotland. Understanding the correct process is important to protect your rights and ensure your housing situation stays secure under Scottish law.

Understanding Name Changes on a Scottish Tenancy

In Scotland, most renters have a Private Residential Tenancy (PRT), governed by the Private Housing (Tenancies) (Scotland) Act 2016. The process for changing names on your tenancy agreement depends on what you need to do:

• Add a new tenant (such as a partner or flatmate)
• Remove an existing tenant (for example, after a breakup or someone moving out)
• Change a legal name due to marriage, divorce, or deed poll

It's crucial to work with your landlord throughout the process, as the agreement can't be changed unilaterally. Changing the named tenants impacts who is legally responsible for rent, repairs, and other obligations.

Core Steps for Changing Names on a Tenancy

Every situation is unique, but most name changes on a Scottish tenancy involve similar key steps. Here’s how the process typically goes:

• Discuss and agree changes with all current tenants and your landlord or agent.
• Decide if the tenancy is to be transferred, amended, or ended and a new one started.
• Use the correct forms and procedures (outlined below) for your tenancy type.
• Ensure all parties sign any new agreement or addendum.

Official Forms and When to Use Them

The forms and steps you need depend on the tenancy type and the desired change:

• For Private Residential Tenancies (PRT): There is no statutory government form, but a new tenancy agreement (or a written addendum) is usually required. The Scottish Government provides a Model Private Residential Tenancy Agreement template.
  • Example: If you wish to add a partner, your landlord may ask you both to sign a new agreement based on this model, or an addendum amending the existing agreement.
• For Social Rented Tenancies: Use the 'Application to assign (transfer) a tenancy' form with your local council or housing association.
  • Example: If a tenant is moving out and wishes to assign the tenancy, you must apply to the landlord using this form at least 28 days in advance.

For both tenancy types, check if your tenancy agreement includes specific rules about adding or removing tenants, and always get any changes in writing.

If the Landlord Refuses the Change

If you feel your landlord is unreasonably refusing your request to change, assign, or add names, you can seek a determination through the First-tier Tribunal for Scotland (Housing and Property Chamber). This Tribunal can decide on certain disputes between landlords and tenants.

What About Changing Your Name (Not the Tenant)?

If you're not adding or removing a person, but have legally changed your name (such as through marriage or deed poll), provide your landlord with proof (marriage certificate, deed poll document) and request in writing that your name is updated in their records and on the agreement.

Step-by-Step: Typical Process for Private Renters

If you’re renting privately in Scotland, the step-by-step process usually goes like this:

• Step 1: Talk to your landlord or letting agent about the need to change a name on your tenancy agreement.
• Step 2: Agree on the proposed changes (adding/removing tenants, name amendments).
• Step 3: Draft a new tenancy agreement, or ask for a written addendum confirming the changes, using the model agreement if helpful.
• Step 4: All parties sign the new agreement or addendum.
• Step 5: Keep a copy of all signed documents in a safe place.

This summary gives clarity, but always check your specific tenancy agreement for extra steps or notice periods.

FAQ: Changing Names on a Tenancy in Scotland

1. Can my landlord refuse to let me add someone to the tenancy?
   Yes, a landlord can refuse if there’s a valid reason—such as if the new person fails referencing or would cause overcrowding. They should not refuse unreasonably, and you can seek advice or Tribunal help if you think their refusal is unfair.
2. Do I need to pay to update my tenancy agreement?
   No, in most cases landlords are not permitted to charge fees for updating or changing the names on a tenancy agreement in Scotland. This is protected by the ban on most letting fees.
3. What happens if one tenant wants to leave and the other wants to stay?
   Notify your landlord, who may arrange a new tenancy agreement with the remaining tenant(s), or require a new agreement to be signed. Never simply "swap" a tenant without landlord consent and written agreement.
4. How do I legally update my name after marriage or deed poll?
   Give your landlord a copy of your marriage certificate or deed poll, and ask for your name to be changed on the records and agreement. This does not usually require a new tenancy.
5. Who can help if I have a dispute with my landlord about tenancy changes?
   You can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), which is the official body for resolving such disputes.

Need Help? Resources for Renters

• mygov.scot – Tenancy rights in Scotland
• First-tier Tribunal for Scotland (Housing and Property Chamber) – for tenancy disputes
• Citizens Advice Scotland - Renting a home
• Model Private Residential Tenancy Agreement
• Your local council housing options team

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Model Private Residential Tenancy Agreement (Scottish Government)
4. Application to assign (transfer) a tenancy (mygov.scot)

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