Living together in a rented home raises practical questions for unmarried couples. This guide explains how joint tenancies work in Scotland and what tenants and renters should know about signing an agreement, paying rent, making repairs, or ending a tenancy. It covers who has legal responsibility under a joint tenancy, how to add or remove a name on the tenancy, and what to do if there is a dispute or an eviction threat. The aim is to give clear, practical steps tenants can follow, including which official forms to use and how to reach the tribunal or government guidance in Scotland.
How joint tenancies work in Scotland
With a joint tenancy, all named tenants usually share the same legal rights and responsibilities for the tenancy. That typically means each named person can be held responsible for rent arrears and must give notice jointly if the tenancy requires it. If one partner leaves, the tenancy may continue for the remaining named tenants unless you formally change the agreement with the landlord or apply to the tribunal.
Common tenant rights and responsibilities
- Rent payments: all named tenants are usually responsible for paying rent on time.
- Entry and privacy: landlords must follow the tenancy agreement and legal rules before entering the property.
- Repairs and maintenance: tenants can ask for urgent repairs and may report serious issues to the landlord or local authority.
- Notices and forms: official notices, including notices to leave, must meet the legal requirements under Scottish tenancy law.
If you and your partner disagree about who should remain on the tenancy, try to resolve this with a clear written agreement. If that is not possible, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to make decisions about the tenancy and liabilities [1].
Official forms and when to use them
Below are the key official sources and forms tenants in Scotland may need. Read each official guidance page carefully before acting, and keep copies of any paperwork you submit.
- Application to the First-tier Tribunal (Housing and Property Chamber): use the tribunal application forms to ask the tribunal to resolve disputes about rent, repairs or possession. Example: if a landlord seeks to evict one named tenant but not the other, a tenant can apply to the tribunal for a decision on who must leave and who remains [1]. Official forms and case type guidance are on the tribunal website.
- Notice to Leave / termination paperwork: landlords must serve notices correctly under the Private Housing (Tenancies) (Scotland) Act 2016; tenants should check the exact content required and keep a dated copy. Example: if a landlord serves a notice claiming a ground for eviction, check the notice against statutory grounds and seek advice before vacating [2].
- Guidance on Private Residential Tenancy: the Scottish Government and local official guidance pages explain how the tenancy works and what rights tenants have, including deposit handling and ending a tenancy. Example: use the official guidance to confirm whether a landlord followed the correct process for a rent increase or notice [3].
What to do if you disagree or face eviction
First, gather clear evidence: tenancy agreement, receipts, messages, photographs of disrepair, and any notices received. Raise the issue with the landlord in writing and ask for a clear response and timescale. If the landlord does not act or you receive a notice you think is invalid, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) or seek guidance from the official government pages listed below.
Adding or removing a joint tenant
To add a name, ask the landlord to sign a written variation to the tenancy or create a new tenancy agreement. To remove a name, agree this with the landlord in writing; if the landlord refuses, the remaining tenant or the tenant to be removed can apply to the tribunal for a resolution. Always confirm in writing how liabilities (like outstanding rent or repairs) will be treated.
FAQ
- Can both unmarried partners be on the tenancy?
- Yes. If both names are on a joint tenancy, both partners normally have equal legal rights and responsibilities under the agreement.
- What happens if one partner leaves but their name is still on the tenancy?
- The remaining named tenants and the landlord are still bound by the tenancy. To remove a name, get the landlord's written agreement or apply to the tribunal for a decision.
- Who can I contact if my landlord won’t make repairs?
- Report the issue in writing to the landlord, keep copies, and if it remains unresolved you can apply to the tribunal or contact your local authority environmental health service for serious hazards.
How-To
- Gather records: collect the tenancy agreement, rent receipts, messages, photos of issues, and any notices.
- Write to the landlord: state the issue clearly, request a remedy or change, and set a reasonable deadline in writing.
- Use official forms: if the dispute continues, complete the correct tribunal application form and submit evidence as required by the First-tier Tribunal (Housing and Property Chamber) [1].
- Seek support: check official guidance pages for specific steps and contact numbers, and consider local advice services if available.
Key Takeaways
- Joint tenants share rights and responsibilities; keep written records of any private agreements.
- If you can’t resolve a dispute, the First-tier Tribunal (Housing and Property Chamber) handles tenancy disputes in Scotland.
- Raise repair issues in writing and keep evidence to support any tribunal application.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016 — legislation.gov.uk
- Private Residential Tenancy guidance — mygov.scot
