If a Tenant Leaves a Joint Tenancy in Scotland: What You Need to Know

If you rent a home in Scotland with someone else, you may be wondering what happens if a flatmate or partner decides to move out before you. Whether you’re in a joint tenancy or another kind of rental agreement, it's important to know your rights, responsibilities, and the practical steps to protect yourself.

Understanding Joint Tenancies in Scotland

Most renters who share a home in Scotland are in a joint tenancy. That means all named tenants in your agreement are equally responsible for rent, bills, and meeting tenancy conditions.

• If one joint tenant leaves, the rest are still legally responsible for the entire rent.
• Your type of tenancy matters—most private renters since 2017 have a Private Residential Tenancy (PRT) protected by the Private Housing (Tenancies) (Scotland) Act 2016.
• Your landlord or letting agent may require an official process for removing a tenant from the agreement.

What Happens if One Tenant Wants to Leave?

If a joint tenant wishes to move out, the situation depends on your tenancy type and agreement. Here’s what typically happens for a Private Residential Tenancy (PRT):

Private Residential Tenancy (PRT) Rules

• Tenants can leave on their own, but they must give written notice—known as a "Notice to Leave"—to the landlord.
• If just one tenant gives notice, the tenancy for the others continues unless your agreement states otherwise. Remaining tenants are still responsible for the full rent.
• Your landlord may require a formal process to remove the departing tenant from the lease.

Other Common Tenancy Types

• Assured or Short Assured Tenancies (pre-2017): If one tenant leaves, the tenancy may end for all, but not always. Check your agreement.
• If you’re unsure which tenancy you have, read official Scottish Government tenancy guidance.

Steps to Take When a Joint Tenant Leaves

It’s important to safeguard your tenancy and finances if someone leaves:

• Check your agreement for rules about ending or changing the tenancy.
• Discuss with your landlord to update the agreement or transfer it to a sole tenancy.
• Settle utilities and bills with the departing tenant before they leave.
• Consider getting written confirmation from the landlord about changes to your tenancy.

Official Forms and How to Use Them

• Notice to Leave (PRT Tenants):
  • If you wish to leave, you must provide your landlord written notice (minimum 28 days).
  • Template available from the Scottish Government Private Residential Tenancy resources.
  • Example: If Jenny is leaving but Dan wants to stay, Jenny sends her own notice. The landlord can update the agreement for Dan or grant a new sole tenancy.
• Change of Joint Tenancy Form:
  • Some landlords (especially local councils or housing associations) require a formal request to remove/add joint tenants.
  • For council or housing association tenants, use your landlord’s “Application to End or Change Joint Tenancy” form, usually found on their website (see Change your council or social tenancy).
  • These forms update who is legally responsible for the tenancy.

What If There’s a Disagreement?

If you and your landlord cannot agree or you believe your rights are not being respected, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a decision.

• The tribunal can rule on disputes related to rent, tenancy terms, or ending a tenancy.
• For more on disputes, see the official PRT application guidance.

Summary of Steps When a Joint Tenant Leaves

1. Check your tenancy agreement for notice requirements.
2. The departing tenant gives written notice to the landlord (minimum 28 days for PRT).
3. Inform your landlord if you wish to stay and discuss updating the agreement or transferring the tenancy.
4. Use the correct form if you're a council or housing association tenant.
5. If there’s a dispute, consider contacting the First-tier Tribunal for Scotland (Housing and Property Chamber).

Frequently Asked Questions

1. If my flatmate leaves, do I have to pay their share of the rent?
   Yes, if you have a joint tenancy, the remaining tenants are responsible for the full rent unless your landlord agrees to a new arrangement.
2. Can I bring in a new flatmate to replace the one who left?
   You must get your landlord's written consent and update your tenancy agreement officially, often using a Change of Joint Tenancy form.
3. What if the landlord wants everyone to leave after one person moves out?
   The landlord can only end the tenancy by following the proper legal procedures. They cannot evict the remaining tenants without serving correct notice as per the law.
4. How much notice does a joint tenant need to give to leave a PRT?
   Each joint tenant must give at least 28 days’ written notice to the landlord, unless your tenancy agreement allows for a different timescale.
5. Who holds my deposit if a joint tenant leaves?
   Your deposit should remain protected in an official scheme. You’ll need to manage the deposit division and update records when the agreement is formally changed or ended.

Need Help? Resources for Renters

• MyGov.Scot: Private renting agreements and rights
• First-tier Tribunal for Scotland (Housing and Property Chamber) – for disputes and formal applications
• Citizens Advice Scotland: Renting Privately
• Scottish Government Model Private Residential Tenancy Agreement
• Change your council or social tenancy

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. MyGov.Scot: Private rental agreements
4. Scottish Government: Private Residential Tenancy Agreement
5. Change your council or social tenancy

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