Kinship Carers and Housing Rights in Scotland

Kinship carers—family or friends caring for a child or adult—often rent or share housing and need clear guidance on their rights as tenants in Scotland. This page explains what kinship carers should know about tenancy types, security from eviction, rent changes, repairs, and how to access support or apply to the tribunal. You will find practical steps for collecting evidence, filling official forms, and meeting deadlines so you can focus on providing stable care. The language is plain and aimed at renters who are not legal experts, with links to official Scottish government guidance and the First-tier Tribunal where you can challenge decisions.

Understanding kinship carers and tenancy types in Scotland

Many private renters in Scotland are on a Private Residential Tenancy created by the Private Housing (Tenancies) (Scotland) Act 2016^[1]. Whether you are named on the tenancy or living with a family member who is, the Act sets out key protections on notice periods, grounds for eviction, and tenants' repair rights.

Common issues kinship carers face

• Repairs and maintenance problems such as heating failures, damp or plumbing issues.
• Rent changes, deposit handling and disputes about arrears.
• Eviction risks or receiving a Notice to Leave from the landlord.
• Missing or unclear written notices and difficulty getting official forms completed.
• Landlord entry, privacy concerns or disagreements about keys and locks.

Key forms and how to use them

Official forms and applications for Scotland are handled through the First-tier Tribunal (Housing and Property Chamber). For tribunal applications and guidance, see the Housing and Property Chamber downloads and forms page here^[2]. Below are the most relevant forms kinship carers should know about and practical examples of when to use them.

• Notice to Leave — used by a landlord to inform a tenant the tenancy will end on a specified date. Example: if a landlord serves a Notice to Leave for rent arrears, check the reason, ensure the notice period is correct and get written proof of payments or disputes before responding.
• Application to the First-tier Tribunal for a Repairing Standard Enforcement Order — used when a landlord fails to carry out required repairs. Example: if heating or serious damp is not fixed after you report it in writing, you can apply to the Tribunal to require repairs.
• Application to the First-tier Tribunal for a Payment Order (rent or deposit) — used to resolve unpaid rent or deposit disputes. Example: if a landlord withholds a deposit unfairly after a kinship arrangement ends, you can apply for an order to recover the money.

How to prepare before you apply to the tribunal

Good preparation improves your chances. Keep dated records of communications, written repair requests, photos, receipts and a simple timeline of events. If you are not named on the tenancy, gather statements showing you were the primary carer and any written agreement with the named tenant or landlord.

FAQ

Can kinship carers be protected by tenancy law if they are not named on the lease?

Yes. People living in a household may still have rights; the tribunal will look at the nature of the arrangement, occupancy and any verbal or written agreements when deciding cases.

What can I do if my landlord will not fix heating or damp?

Report the problem to the landlord in writing, keep copies, give a reasonable time to repair and if there is no action apply to the First-tier Tribunal (Housing and Property Chamber) for a Repairing Standard enforcement.

How quickly must I act if I receive a Notice to Leave?

Check the notice for the reason and deadline, respond in writing if you dispute the grounds and seek help early because strict deadlines apply for tribunal applications or appeals.

How-To

1. Check and save your tenancy agreement and any written messages about the tenancy.
2. Collect evidence: photos, dated repair requests, receipts and a short timeline describing what happened.
3. Complete the appropriate tribunal application form (see the Housing and Property Chamber downloads) and include your evidence.
4. Submit the application to the First-tier Tribunal (Housing and Property Chamber) and attend any hearing or case management discussion, bringing originals of your documents.

Key Takeaways

• Keep written records and dated photos for all repairs and communications.
• Use the correct tribunal forms and meet deadlines when applying for enforcement or payment orders.
• Seek early advice from official sources if you receive a Notice to Leave or face serious disrepair.

Help and Support / Resources

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

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1. [1] Private Housing (Tenancies) (Scotland) Act 2016
2. [2] Housing and Property Chamber downloads and forms