Legal Guide: Renting with Strangers in Scotland

Many renters in Scotland share accommodation with people they don’t know before moving in. Whether you’re a student, young professional, or anyone seeking affordable housing, it’s important to know your rights and responsibilities when living with strangers. This guide explains the key legal aspects, relevant forms, and where to go for help, so you can make informed choices and protect yourself when renting shared properties.

Understanding Shared Housing in Scotland

Shared housing arrangements in Scotland can include Houses in Multiple Occupation (HMOs), private rented homes with housemates, or situations where you are a lodger within someone’s home. These situations involve specific legal considerations that affect both renters and landlords.

Types of Shared Accommodation

• HMOs (Houses in Multiple Occupation): These are properties shared by three or more tenants from different families, who share toilets, bathrooms, or kitchens. HMOs must be licensed by the local council.
• Lodgings: Renting a room in a landlord’s home, where the landlord also lives in the property.
• Unrelated Flatmates or Housemates: Private rented homes where tenants sign separate or joint tenancy agreements with the landlord.

Each arrangement offers different legal rights and protections. It’s crucial to identify your status so you know which laws apply.

Key Legal Protections for Shared Renters

For most tenants in Scotland, your rights are covered by the Private Housing (Tenancies) (Scotland) Act 2016 if you have a Private Residential Tenancy. Some renters—like lodgers or those in HMOs—may have different protections.

• Deposits: Landlords must protect your deposit in an approved tenancy deposit scheme, even for HMOs or shared houses. Learn more about deposit protection.
• Repairs: Landlords are legally responsible for keeping the property safe and fit to live in, including shared areas. Report repairs in writing.
• Eviction: As a tenant with a Private Residential Tenancy, you are entitled to notice and, in some cases, a reason for eviction. Lodgers have fewer protections and can often be asked to leave with little notice.
• Safety Standards: HMOs must meet stricter safety rules, such as fire safety, regular gas checks, and adequate facilities.

What is an HMO and Why Does It Matter?

If you’re renting in a property with three or more unrelated people, check if your home is an HMO. Licensed HMOs must meet specific standards, and unlicensed HMOs are illegal. You can ask your local council to check if your landlord has the required licence—in most cases, this information is public.

• Scottish Government HMO guidance
• Guidance for HMOs in Scotland

Documenting and Managing Shared Tenancies

Many renters in shared homes sign a joint tenancy agreement. This means all tenants are equally responsible for rent and other obligations. If you are a lodger, you are usually covered by a licence or occupancy agreement, not a tenancy.

• How to check or download a Scottish Tenancy Agreement

Essential Forms: Know Where to Find Them

• Notice to Leave (Private Residential Tenancy)
  Form Name: Notice to Leave (no official form number).
  Use: If your landlord wants you to leave, they must issue a Notice to Leave. For example, if you receive a Notice to Leave giving you 28 days, check the date and ground for eviction.
  Link: Notice to Leave Guidance
• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber)
  Form Name: Application for Determination (various forms depending on issue).
  Use: If you have an unresolved dispute (e.g. illegal eviction or repairs not made), submit the appropriate application to the Tribunal. Example: Apply if you believe your landlord has not followed required processes.
  Link: Apply to the Housing and Property Chamber
• Deposit Protection Scheme Forms
  Form Name: Return or dispute forms from approved schemes.
  Use: Use these to request your deposit back or challenge deductions—for example, at the end of your tenancy.
  Link: Deposit schemes for Scotland

The First-tier Tribunal for Scotland (Housing and Property Chamber) deals with applications relating to residential tenancies, repairs, and eviction cases in Scotland.

Taking Action: What to Do If You Face Issues

If you experience problems like unfair eviction, unlicensed HMO conditions, or unresolved repairs:

• Document all communications and keep copies of your tenancy or lodger agreement
• Use official complaint forms provided by your council or the First-tier Tribunal
• If a Notice to Leave is served incorrectly, seek advice and consider applying to the Tribunal to challenge it
• Contact local council if you suspect illegal HMO operation

Always act quickly, as forms and complaints often have strict time limits.

FAQs for Renters Sharing with Strangers in Scotland

1. Can I be evicted more easily if I share with strangers?
   Your rights depend on whether you are a tenant or a lodger. Tenants with a Private Residential Tenancy are protected and must receive written notice. Lodgers may have fewer protections, especially if the landlord shares the home. Read more about lodger rights.
2. What should I do if my shared house doesn’t have an HMO licence?
   Report suspected unlicensed HMOs to your local council, as it may be illegal. This could protect you and other tenants from unsafe conditions. Check HMO rules and reporting.
3. How are deposits managed in shared accommodation?
   Landlords must protect every tenant’s deposit with an approved scheme, even in shared homes. You can check your deposit is registered at tenancy deposit schemes.
4. Who is responsible for repairs in a shared flat?
   Landlords are responsible for repairs—including communal areas. All requests should be made in writing. If issues persist, apply to the Housing and Property Chamber for help.
5. Can I change housemates in a joint tenancy?
   All joint tenants and the landlord must agree in writing to add or remove a housemate from the tenancy. Get this confirmed officially to ensure your rights remain protected.

Conclusion: Key Takeaways for Renters

• Always confirm your tenancy or lodger status to understand your rights
• Check if your property requires an HMO licence and whether your deposit is protected
• For disputes or concerns, contact the First-tier Tribunal and seek council support immediately

Being aware of your legal position helps you make safe, informed decisions and resolve issues quickly.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles tenancy disputes, repairs, and eviction
• Scottish Government: Housing & Local Services – guidance on tenancy types, deposits, and safety
• Shelter Scotland: Get Help – free advice on renting, eviction, and tenant rights
• Government guide for lodgers in Scotland

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1. [1] Private Housing (Tenancies) (Scotland) Act 2016
2. [2] Scottish HMO Guidance (Scottish Government)
3. [3] First-tier Tribunal for Scotland (Housing and Property Chamber)
4. [4] Tenancy Deposit Schemes in Scotland
5. [5] Government Guide for Lodgers

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