Move-Out Checklist for Shared Tenancies in Scotland

Leaving shared accommodation in Scotland can feel daunting, but understanding the necessary steps and legal requirements ensures a smooth, problem-free move-out. Whether you're in a flatshare or an HMO (House in Multiple Occupation), knowing your rights and responsibilities is key to getting your deposit back and maintaining a positive renting record.

Understanding Your Shared Tenancy Type

Most renters in shared homes have either a joint tenancy, individual tenancy agreements, or reside in an HMO. The type of agreement affects your notice requirements and move-out responsibilities:

• Joint tenancies: All tenants share responsibility for the property. One person leaving may affect everyone.
• Individual tenancies: Each person signs their own agreement, so moving out usually only impacts you.
• HMO properties: These are licensed by the local council and must meet extra safety standards. Special rules apply to these properties.

Giving Notice: What You Must Do

In Scotland, the length and type of notice you must give depends on your tenancy agreement and the Private Housing (Tenancies) (Scotland) Act 2016^[1] for Private Residential Tenancy (PRT) agreements.

• If you have a Private Residential Tenancy (PRT): You must provide at least 28 days' written notice to your landlord (or letting agent), unless your agreement allows for a longer notice period.
• For older Short Assured Tenancies (before December 2017): Check your agreement—often, at least 28 days' notice is required.
• In a joint tenancy: Written notice should go to both the landlord and your housemates, as your departure may affect the agreement.

Always keep a copy of your notice and send it by recorded delivery or email to have proof of when it was sent.

Relevant Move-Out Form

• Notice to Leave Form: If your landlord asks you to move out, they must use the Notice to Leave form. As a tenant, you can refer to this process if your landlord begins eviction, but to end the tenancy yourself, you simply provide your notice in writing.
• Example: If you're renting under a PRT and wish to move out, you should write an email or letter to your landlord with the date you intend to leave, making sure it is at least 28 days in advance.

Handling Deposits and Move-Out Inspections

Your deposit must be protected in a government-approved tenancy deposit scheme. Following your notice, your landlord should inspect the property and arrange for your deposit return—minus any agreed deductions for damages or unpaid rent.

• Tenancy deposit protection is required by law, and you have the right to challenge any unfair deductions.
• Housemates may also be jointly liable for any damages in shared spaces.
• Consult the tenancy deposit scheme dispute process if you disagree with deductions.

All government-approved schemes, such as SafeDeposits Scotland, provide clear dispute procedures.

Final Bills, Inventory, and Handover

Before you leave, make sure to:

• Pay your share of utility bills and council tax
• Remove your belongings and clean your room and shared spaces
• Attend a check-out inspection, using the original inventory as a checklist
• Return all keys to your landlord or letting agent

Disputes, Complaints, and the Housing Tribunal

Should you face unfair deductions, late repayments, or issues with your landlord or housemates, you have the right to seek external help. In Scotland, disputes involving residential tenancies are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber).^[2]

• You can make an application online or by post; guidance on tribunal application forms is provided on the official website.
• If you believe your landlord is withholding your deposit unreasonably, you can use the dispute resolution service through your deposit protection scheme.

It's best to first try to resolve issues with your landlord directly before escalating to the tribunal.

Quick Summary

Leaving a shared tenancy in Scotland involves following correct notice periods, settling your responsibilities, and being aware of your rights around deposits and disputes. Always use official channels and forms when required.

Frequently Asked Questions

1. How much notice do I need to give to leave a shared tenancy in Scotland?
   Most tenants must give at least 28 days' written notice under a Private Residential Tenancy. Confirm your agreement’s requirements to be sure.
2. What happens if one housemate wants to move out?
   In a joint tenancy, one person leaving may affect the others. You should discuss with your landlord and housemates; sometimes the tenancy must be fully renewed.
3. Can my landlord keep my deposit if a flatmate damages the property?
   In a joint tenancy, all tenants may be jointly liable. If you disagree with any deductions, you can challenge them through your tenancy deposit scheme’s dispute process.
4. How do I get my deposit back in Scotland?
   After moving out and property inspection, your deposit should be returned via the approved scheme. If there are deductions, you’ll be informed and can dispute via the scheme.
5. Which tribunal handles tenancy disputes in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) deals with most residential tenancy related disputes.

Conclusion: Key Takeaways

• Always provide the correct written notice before moving out, as set by your tenancy type and Scottish legislation.
• Ensure all utility bills, cleaning, and returned keys are handled for a trouble-free move.
• Use official forms, deposit schemes, and the First-tier Tribunal if you run into disputes.

Following these steps will help you leave your shared tenancy in Scotland without unnecessary stress or delays.

Need Help? Resources for Renters

• Tenant notice to end your lease – mygov.scot
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• SafeDeposits Scotland
• Renters’ Rights Scotland
• Shelter Scotland – Advice Services Directory

---

1. Private Housing (Tenancies) (Scotland) Act 2016 – Legislation.gov.uk
2. First-tier Tribunal for Scotland (Housing and Property Chamber)

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation