Lodger vs Tenancy Agreements in Scotland: Key Differences and Rights

Renting a room in someone else’s home or sharing a flat in Scotland? You may hear about “lodger agreements” and “tenancy agreements.” While these terms might sound similar, they offer very different legal protections and rights to renters. This guide explains the crucial differences, your rights in each arrangement, and the official steps to take if you need help.

Understanding Lodger Agreements in Scotland

A lodger agreement is an informal arrangement where you rent a room in the homeowner’s main residence and usually share common areas like the kitchen or bathroom. Importantly, if your landlord (the homeowner) lives in the property with you, you are almost always considered a lodger, not a tenant.

• No standard legal form: Lodger agreements can be verbal or written, but a written agreement helps avoid misunderstandings.
• Fewer legal protections: Lodgers are not covered by the same eviction or notice protections as tenants.
• If a dispute arises, it may be treated as a matter of contract law rather than under tenancy law.

Tenancy Agreements: Your Rights as a Tenant

If you rent a self-contained flat or house, or share with others but not with your landlord or their family, you’re likely covered by a tenancy agreement. In Scotland, most new tenancies since December 2017 are Private Residential Tenancies.

• Legal protections: Tenancy agreements must be in writing, set out your rights and obligations, and your landlord must follow legal eviction procedures.
• Eviction notice: The rules provide minimum notice periods and require specific grounds for eviction, as set out in the Private Housing (Tenancies) (Scotland) Act 2016.¹
• Rent increases: Your landlord must give you at least 3 months’ written notice using the official form before increasing rent.

Key Differences at a Glance

• Eviction protection: Tenants have strong legal protections; lodgers do not.
• Deposit protection: Tenants’ deposits must go in an approved scheme; lodgers’ deposits often do not.
• Notice periods: Tenants are entitled to statutory notice periods; lodgers may be asked to leave on short notice.

What Forms and Legal Steps Should Renters Know?

Knowing the correct forms and processes can help you take action confidently.

Notice to Leave (Private Residential Tenancy)

• Name/Number: Notice to Leave (No specific number)
• When Used: If your landlord wants you to leave your property under a private residential tenancy, they must issue a Notice to Leave giving the correct period of notice. For example, if you’re facing eviction, you should receive this form in writing specifying the ground for eviction.²

Rent Increase Notice (Private Residential Tenancy)

• Name/Number: Rent Increase Notice—Form RR1
• When Used: Your landlord must use the Form RR1 to officially notify you about a proposed rent increase. If you disagree, you can challenge it at the First-tier Tribunal for Scotland (Housing and Property Chamber).³

Lodger Agreements: No Statutory Form

• There is no official lodger agreement form in Scotland. Use a written agreement that sets out payments, notice, and house rules. Sample templates are available on mygov.scot's lodgers section.⁴

Where to Go for Help

• First-tier Tribunal for Scotland (Housing and Property Chamber) handles disputes over tenancies, rent increases, and eviction for tenants, but not usually for lodgers.
• If you’re not sure if you’re a lodger or a tenant, use the Shelter Scotland tenancy checker.

FAQ: Scottish Lodger and Tenancy Agreement Questions

1. How do I know if I am a lodger or a tenant in Scotland?
   Generally, if you share accommodation with your landlord in their home, you're a lodger. If you rent a property separately from your landlord, you're likely a tenant. For a personalised check, try the Shelter Scotland tenancy checker tool.
2. What notice does a lodger get before eviction?
   Lodgers are usually entitled to “reasonable” notice, often the frequency of rent payments. There are no strict statutory requirements as with tenants, but your written agreement may specify this.
3. Can a landlord enter a lodger’s room without notice?
   Landlords should respect privacy, but lodgers have fewer rights than tenants. Check your agreement. In contrast, tenants generally have a right to 24 hours’ notice before entry.
4. Is my deposit protected as a lodger?
   No, deposit protection rules under Scottish law do not generally apply to lodgers as they do for tenants.
5. Where can I challenge a rent increase as a tenant?
   Tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if they think a rent increase is unfair.

Summary: What Scottish Renters Should Remember

• Lodgers have fewer legal protections, especially around eviction and deposit safety.
• Tenancy agreements grant strong rights, including notice periods, deposit protection, and formal processes for rent and eviction.
• Knowing which agreement you have helps you understand your rights and get the right support.

Need Help? Resources for Renters

• mygov.scot: Renting from a private landlord
• First-tier Tribunal for Scotland (Housing and Property Chamber): For disputes about tenancies, rent, and eviction
• Shelter Scotland: Free advice on housing rights
• Scottish Government: Tenant Rights

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Eviction process for private residential tenants – mygov.scot
3. Form RR1: Rent Increase Notice – Scottish Government
4. mygov.scot: Lodger advice

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