Lodger and Tenant Rights: Key Differences in Scotland

If you rent a room or a full property in Scotland, it’s essential to know whether you’re a lodger or a tenant. This difference shapes your legal rights, from eviction notices to repairs. Understanding your status can help you protect yourself and resolve disputes fairly.

What’s the Difference Between a Lodger and a Tenant?

The main difference is whether you share your landlord’s home or not. If you live as a guest in your landlord’s home and share spaces like the kitchen or bathroom, you’re usually a lodger. If you rent an entire property (or live separately in a self-contained part of the property) and your landlord does not live with you, you’re a tenant.

• Lodger: Lives with the landlord, shares living spaces
• Tenant: Rents the whole property (or a self-contained part), landlord does not live there

For most tenants in Scotland, your tenancy will be a Private Residential Tenancy.^[1]

Your Rights as a Lodger in Scotland

Lodgers have fewer legal protections than tenants because you share your landlord’s main home. Typically, you’ll have a written or verbal agreement (this is called an ‘occupancy agreement’). Your rights include:

• A right to "reasonable" notice if your landlord wants you to leave (often outlined in your agreement)
• Basic standards of accommodation and safety
• Deposit return (unless otherwise agreed)

Lodgers are not covered by the main tenancy laws, such as the Private Housing (Tenancies) (Scotland) Act 2016, and can be asked to leave on short notice.^[2]

Your Rights as a Tenant in Scotland

Tenants have much stronger rights. As a tenant with a Private Residential Tenancy (PRT):

• Your landlord must use specific legal processes for eviction
• You’re entitled to written terms of tenancy
• You have protection against unfair rent increases and harassment
• Deposits must be held in a government-approved scheme
• You’re entitled to 28 days’ notice to leave (in many cases) or 84 days if you’ve lived there for more than 6 months

Tenants are also protected by official processes if there’s a dispute or eviction. Most disputes go to the First-tier Tribunal for Scotland (Housing and Property Chamber).^[3]

Eviction Notice Rules: Lodger vs Tenant

• Lodgers – Landlords generally need only give "reasonable notice" (often the length of your rental period, such as one week or one month), unless your agreement says otherwise.
• Tenants – Landlords must use an official ‘Notice to Leave’ form and provide proper notice. If you don’t leave, they must apply to the First-tier Tribunal for eviction.

Key Official Forms for Tenants

• Notice to Leave (no official number): Given by the landlord to end a Private Residential Tenancy (PRT). You must receive the correct period of notice (usually 28 or 84 days). View sample and guidance.^[4]
  Example: If your landlord wants to evict you, they must issue a Notice to Leave stating why and when you must leave. If you don’t leave by the stated date, the landlord can apply to the Tribunal.
• Application to the Housing and Property Chamber: If you disagree with your eviction or another issue, you can apply to the Tribunal using the relevant online forms.
  Apply to the Tribunal.^[3]

What Law Covers Lodgers and Tenants?

• Tenants: Private Housing (Tenancies) (Scotland) Act 2016
• Lodgers: Not covered by the above Act; other general housing safety and contract laws may apply

For most tenants, modern rights and eviction rules began with the 2016 Act.

FAQ: Lodger vs Tenant Rights in Scotland

1. How can I tell if I am a lodger or a tenant in Scotland?
   If you share the landlord’s home and have shared facilities, you’re a lodger. If you have your own self-contained space, you’re likely a tenant.
2. How much notice does my landlord need to give me if I’m a lodger?
   There’s no fixed statutory period—‘reasonable notice’ usually applies. Always check your agreement for any specified notice.
3. What official form must my landlord use to evict me as a tenant?
   They must serve you a ‘Notice to Leave’ for a Private Residential Tenancy. Lodgers don’t receive this official form.
4. Where do I go if I disagree with my eviction as a tenant?
   You can challenge this by applying to the First-tier Tribunal for Scotland (Housing and Property Chamber).
5. Can a lodger dispute a notice to leave through the tribunal?
   No, the Tribunal handles private tenancies, not lodgers. Lodgers can seek general legal advice but aren’t covered by the same process.

Need Help? Resources for Renters

• MyGov.Scot: Private Residential Tenancies – Official government guidance on renting in Scotland
• First-tier Tribunal for Scotland (Housing and Property Chamber) – Resolves rental disputes for tenants
• Citizens Advice Scotland: Rented Housing Rights – Free and confidential advice on housing problems
• Scottish Government Model Tenancy Agreement – Example template and information

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1. [1] Private Residential Tenancy: MyGov.Scot
2. [2] Guidance for Lodgers and Subletting
3. [3] First-tier Tribunal for Scotland (Housing and Property Chamber)
4. [4] Scottish Model Tenancy Agreement and Forms

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