Lodger or Tenant? Know Your Rights in Shared Scottish Homes

If you rent a room or share a house in Scotland, knowing whether you are a lodger or a tenant is essential. The distinction affects your rights, eviction protections, and what steps you can take if things go wrong. This clear guide explains the differences using up-to-date Scottish law, so you stay informed and in control of your home situation.

What Is the Difference Between a Lodger and a Tenant?

The terms "lodger" and "tenant" might sound similar, but they describe different legal relationships in Scotland. Understanding your status affects things like notice periods, eviction process, and legal protections.

Who Is a Lodger?

A lodger is someone who rents a room in another person's home and usually shares living space such as the kitchen or bathroom while the landlord also lives there. Lodgers do not have exclusive use of the property.

• Your landlord (“resident landlord”) lives in the property
• You usually share kitchen, bathroom, or other spaces
• Your arrangement will likely be a license, not a tenancy

Lodgers generally have fewer legal protections around eviction and notice because they do not hold a formal tenancy.

Who Is a Tenant?

A tenant rents a property or a room with exclusive possession or where the landlord does not live on-site. Your agreement is usually a form of tenancy, most often a Private Residential Tenancy in Scotland.

• You have exclusive use of the space (even if sharing with other tenants)
• Your landlord does not live with you
• You are protected by the Private Housing (Tenancies) (Scotland) Act 2016

If you rent in a shared property without your landlord living there, you are likely a tenant – possibly in a House in Multiple Occupation (HMO), which has its own licensing rules.

Why Does It Matter? Legal Rights and Eviction

Your status determines which laws and rights apply. Here’s a summary to help clarify:

• Lodgers: Can be asked to leave with reasonable notice (often just the length of a rental period, unless you have a written agreement stating more). Eviction protection is minimal. You’re not covered by most tenant law.
• Tenants: Have legal rights to notice and can only be evicted through proper legal process. Most agreements after December 2017 are Private Residential Tenancies, protected by the 2016 Act.

Key takeaway: Tenants in Scotland have stronger legal protections than lodgers, including rights to repair, deposit protection, and fairness around rent increases and eviction.

Relevant Legislation and the Tribunal System

The main law protecting private tenants in Scotland is the Private Housing (Tenancies) (Scotland) Act 2016. For older agreements, the Housing (Scotland) Act 1988 and Rent Act 1977 may apply.

Most tenancy disputes—including rent increases, eviction notices, and repairs—are handled by the independent First-tier Tribunal for Scotland (Housing and Property Chamber).

Official Forms: What Renters Should Know

• Notice to Leave (Private Residential Tenancy): Used by landlords to end a Private Residential Tenancy. Must specify the reason and notice period according to the law. For forms and instructions, see Notice to Leave guidance.
• Rent Increase Notice (PRT): Landlords must use a specific form—‘Notice to increase rent (Form PRT2)’—to notify you of a rent increase. If you think the increase is unfair, you can challenge it through the First-tier Tribunal. Full details and downloadable forms are at the mygov.scot Rent Increases page.
• Repair Reporting: Tenants can report disrepair using a written complaint. If unresolved, you can apply to the Tribunal using the Repairing Standard Application form.

Practical example: If your landlord serves a Notice to Leave under a Private Residential Tenancy, check the reason and timeline. If you think it's invalid, submit an application to the First-tier Tribunal before leaving.

Action Steps if You’re Unsure

• Check if your landlord lives with you – if yes, you’re likely a lodger.
• Read your agreement: Look for references to a Private Residential Tenancy or notice periods.
• If you think your rights are being breached, contact Citizens Advice Scotland or the Housing and Property Chamber.

Frequently Asked Questions

1. How do I know if I am a lodger or a tenant in Scotland?
   You are a lodger if your landlord lives with you and you share spaces; you are a tenant if you rent a self-contained unit or your landlord does not live in the property.
2. What notice is my landlord required to give if I am a lodger?
   Usually, only "reasonable notice" is required—often equivalent to your rental payment cycle. Check your agreement for any special terms.
3. Do lodgers in Scotland have deposit protection?
   No, landlords do not need to protect deposits for lodgers. Tenants with a Private Residential Tenancy are entitled to statutory deposit protection.
4. Can I challenge a rent increase as a lodger?
   Most lodgers cannot formally appeal rent increases, but tenants with a Private Residential Tenancy can challenge through the First-tier Tribunal.
5. Where should I go for help if my landlord is evicting me?
   Tenants may apply to the Housing and Property Chamber Tribunal. Lodgers can seek advice from Citizens Advice Scotland.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Handles tenancy and eviction disputes.
• Mygov.scot: Renting and Your Rights – Official government guidance.
• Citizens Advice Scotland – Free advice and support for all renters.
• Shelter Scotland – Housing rights information and support.

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 1988
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Notice to Leave form and guidance
5. Rent Increase Notice (PRT2)
6. Repairing Standard Application

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