Whether you will be a lodger or a tenant affects what rights you have when you move into a property. This guide explains, in plain terms for renters and lodgers in Scotland, what to check at move-in, how deposits and written agreements work, and when to use official forms or make an application to the housing tribunal. It focuses on practical steps — taking an inventory, checking safety certificates, confirming who controls access, and keeping records — so you can protect your rights without legal jargon. It also points to the key law and where to find official forms and the tribunal if a dispute arises.
Who is a lodger vs a tenant?
The legal status of a person living in a rented property determines many move-in rights. Tenants usually have exclusive possession and clearer statutory protections under Scottish private tenancy law, while lodgers often share space and have fewer statutory safeguards. For Scotland the primary legislation is the Private Housing (Tenancies) (Scotland) Act 2016.[1]
- Tenancy grants exclusive occupation and separate lockable rooms and greater control over entry rights for tenants, while lodgers usually share living space with the landlord.
- Notice periods differ: tenants have statutory notice and defined eviction grounds, while lodgers can often be required to leave on much shorter notice.
- Rent and deposit protections differ: tenants have clearer deposit rules and remedies if deposits are mishandled.
- Repairs and safety obligations fall primarily on the landlord for tenants and must meet habitability and safety standards.
- Security of tenure is stronger for tenants covered by the Private Housing (Tenancies) (Scotland) Act 2016.
Move-in checklist for renters and lodgers
Use this checklist when you move in to reduce future disputes and protect money and rights.
- Get a written tenancy or lodger licence and keep a signed copy that states rent, dates and who has access.
- Take date-stamped photos and an inventory at move-in to record the condition.
- Record and get a receipt for any deposit and check how it is protected or agreed to be handled.
- Ask for gas safety and electrical certificates and note who is responsible for repairs.
- Collect the landlord or managing agent contact details and emergency procedures.
Official forms and when to use them
If you cannot resolve a dispute with your landlord you may need to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). The tribunal handles many residential tenancy disputes and provides application forms and guidance online.[3]
Private residential tenancy: model tenancy agreement
Use the Scottish Government model tenancy agreement as a starting point when you sign a private residential tenancy. It sets out typical clauses and helps ensure important points such as rent, deposits and notice periods are recorded. Example: ask the landlord to use the model agreement and sign it so you have clear terms from day one. See the official model agreement for wording and sample clauses. [2]
Applying to the First-tier Tribunal for Scotland (Housing and Property Chamber)
If you have evidence (signed tenancy, receipts, inventory, photos) and informal negotiation has failed you can submit the tribunal application forms. For example, if a landlord withholds a deposit and you have a dated inventory and receipts, prepare copies and follow the tribunal's application guidance. The tribunal website explains required documents, fees (if any) and how to submit an application.[3]
Relevant legislation
The main law covering private residential tenancies in Scotland is the Private Housing (Tenancies) (Scotland) Act 2016; use the legislation text to check statutory notice periods and grounds for recovery of possession.[1]
FAQ
- Can a lodger claim the same protections as a tenant?
- No, lodgers usually have fewer statutory protections; whether you are a lodger or tenant depends on control, exclusive possession and written agreements.
- Do I need a written inventory at move-in?
- Yes, a dated inventory and photos help prove the condition if there is a dispute over deposit or damage.
- How do I apply to the housing tribunal if a landlord refuses to return a deposit?
- Use the application forms on the First-tier Tribunal for Scotland (Housing and Property Chamber) website and include your tenancy documents and evidence.
How-To
- Sign and keep a written tenancy or lodger agreement dated at move-in.
- Make a detailed, dated inventory with photos and save copies.
- Ensure any deposit is documented and you receive a written receipt stating how it will be handled.
- Check for gas safety and electrical certificates and confirm who is responsible for repairs.
- Submit an application to the First-tier Tribunal for Scotland (Housing and Property Chamber) if informal resolution fails.
Key Takeaways
- Get any deposit and rent arrangements in writing at move-in.
- Know your notice periods and keep a copy of any notice served.
- Take photos and keep records to support any future disputes.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016
- Private residential tenancy: model tenancy agreement
