Moving Out When Your Flatmates Stay in Scotland: Your Legal Rights and Steps

Moving out of a shared rented home in Scotland—while your flatmates remain—can feel complex. Understanding your rights and responsibilities is key to a smooth exit and protecting your interests. This guide explains what Scottish renters need to know when leaving a property with joint tenants still in place, covering legal steps, required forms, and how to avoid common pitfalls.

Understanding Your Tenancy Type in Scotland

First, check what kind of tenant you are. In most cases, renters in Scotland now have a Private Residential Tenancy (PRT). In a shared property, this is often set up as a joint tenancy, meaning all tenants are jointly responsible for the full rent and obligations under the agreement.

• Joint tenancy: All tenants’ names are on the tenancy agreement.
• Individual tenancy: Each person has their own agreement (less common in traditional shared flats).

Why does this matter? If you move out under a joint tenancy, you may still be legally responsible until the tenancy ends or you’re officially removed from the contract.

If You Want to Leave But Your Roommates Want to Stay

The rules depend on your tenancy agreement and Scottish housing law. For a PRT, any tenant may leave at any time, but there’s a set legal process to follow.

Notice to Leave: How to End Your Tenancy

To officially stop being a tenant, you must give your landlord notice in writing. For joint tenancies:

• You must give at least 28 days’ notice, unless a longer period is stated in your agreement (see official Scottish Government guidance).
• All tenants must typically agree to end the joint tenancy unless your landlord agrees to let you leave as an individual and re-issue the tenancy to the remaining tenants.

If your landlord or letting agency agrees to release you, they may require a new agreement to be drafted and signed by the remaining tenants.

Official Forms and How to Use Them

There is no Scotland-wide standard form for tenants ending a Private Residential Tenancy, but you must submit a written notice clearly stating:

• Your intention to end the tenancy
• Your name and address
• The date you wish it to end (respecting notice period)
• Your signature

Use the model notice template offered by the Scottish Government: Model Notice to Leave for Tenants. Send your notice by email or recorded post so you have proof.

What Happens After You Give Notice?

• Your landlord/letting agent may agree to amend the tenancy, removing you.
• If all joint tenants give notice, the tenancy ends for everyone.
• If only you wish to leave, you must obtain your landlord’s written agreement to surrender your part of the contract, or all tenants continue to be jointly responsible.

In some cases, landlords require the remaining tenants to find a replacement for you or to sign a new joint agreement without you. If you’re being asked to pay after your move-out date, or if your landlord refuses to remove you from the contract, you may be able to seek redress through the First-tier Tribunal for Scotland (Housing and Property Chamber). Visit the official tribunal portal: First-tier Tribunal for Scotland (Housing and Property Chamber).

Key Scottish Legislation

The main law governing modern tenancies is the Private Housing (Tenancies) (Scotland) Act 2016. This law sets out rules for notice periods, deposit returns, and dispute procedures.

Deposits and Inventory Considerations

Ensure the date you leave and return your keys is officially recorded. You can only reclaim your share of the deposit if your name is removed from the tenancy and the deposit registration updated with a government-approved scheme (e.g., Deposit Protection Scotland). Check and document any inventory before leaving to avoid disputes.

Practical Steps for Moving Out While Others Stay

• Read your tenancy agreement carefully
• Speak to your flatmates and landlord about your intention and confirm their process
• Give the required written notice and keep proof
• Arrange for your name to be removed from deposit and utility accounts
• Hand back your keys and get confirmation in writing
• If you encounter difficulty or a dispute, consider seeking advice from Shelter Scotland or contacting the First-tier Tribunal

Always check official Scottish Government guidance or get impartial support for your specific situation.

FAQs: Moving Out While Flatmates Stay in Scotland

1. Can I move out of a joint tenancy in Scotland if my roommates want to stay?
   Yes, you can leave, but you must provide at least 28 days' written notice to the landlord and get their confirmation your name will be removed from the tenancy. If the landlord doesn't agree to end your liability, you may remain responsible for rent until a replacement is found, or the whole tenancy ends.
2. What notice period do I need to provide to leave a Private Residential Tenancy?
   For a PRT in Scotland, you must provide a minimum of 28 days' notice in writing to your landlord, unless your tenancy agreement requires more.
3. What happens to my deposit if I leave but the other tenants stay?
   Your share of the deposit can be returned if your name is officially removed from the tenancy and the landlord updates the deposit protection scheme. Make sure you and the landlord agree to the process before moving out.
4. What if my landlord refuses to remove me from the joint tenancy?
   If your landlord won't accept your notice or remove you, seek written reasons. You may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for further help or dispute resolution.
5. Is there a government form for giving notice to leave a tenancy in Scotland?
   There is no standard government form, but you can use the official Model Notice to Leave for Tenants template from the Scottish Government.

Conclusion: 3 Key Takeaways

• Always give written notice to your landlord and keep proof of communication.
• Confirm with your landlord you’re being removed from all legal and deposit obligations before moving out.
• Seek advice from official sources or the First-tier Tribunal if you have any disputes or concerns about your tenancy rights.

Need Help? Resources for Renters

• Mygov.scot: Tenants' Rights in Scotland
• First-tier Tribunal for Scotland (Housing and Property Chamber) – For tenancy and deposit disputes
• Shelter Scotland – Free advice and support for all renters
• Scottish Government: Private Residential Tenancies Guide

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Ending a private residential tenancy - Scottish Government official guidance
3. Official Scottish Government Model Notice to Leave template
4. First-tier Tribunal for Scotland (Housing and Property Chamber)

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