Refusing Landlord Entry: Your Rights as a Renter in Scotland

As a private renter in Scotland, understanding your rights when your landlord wants to enter your home is crucial. Many tenants worry about maintaining their privacy, especially when landlords request access for inspections, repairs, or viewings. This guide explains whether you can refuse landlord entry in Scotland, the notice your landlord must give, and the steps you can take if you feel your privacy is being breached—all according to current Scottish law.

Landlord Entry Rights in Scotland

Under Scottish tenancy law, your landlord does have some rights to enter your property, but there are important limits and protections for tenants. The law aims to balance your landlord’s responsibility to maintain the property with your right to privacy and quiet enjoyment of your home.

• Minimum notice: Your landlord must give you at least 24 hours' written notice before entering, except in emergencies.
• Purpose of entry: They may enter for repairs, inspections, safety checks, or showing the property to prospective tenants or buyers.
• Time of entry: Entry should happen at reasonable times of day, unless otherwise agreed.

These requirements mainly come from your tenancy agreement as well as the Private Housing (Tenancies) (Scotland) Act 2016 – Tenants’ Rights^[1].

Your Right to Refuse Landlord Entry

In most cases, you can refuse entry if:

• You are not given proper notice (at least 24 hours, in writing).
• The time is unreasonable or inconvenient, and you have not agreed to it.
• The landlord wishes to enter for a reason not allowed by your tenancy agreement or the law.

Your landlord cannot enter your home without permission except in emergencies, such as fire, flooding, or if a crime is suspected.

If you feel your rights are being infringed, keep a written record of any communication. Always try to resolve issues calmly and in writing before escalating.

Frequently Used Forms When Dealing with Landlord Entry

• Notice to Leave (Form AT6 or Private Residential Tenancy “Notice to Leave” form)
  When used: If your landlord attempts to evict you in response to a dispute over access (for example, you refused entry for a non-emergency), they must serve you with an official Notice to Leave.
  How to use: This form should be formally delivered to you. As a tenant, keep any correspondence and check that the notice period is correct.
  View the official Notice to Leave (Scotland) form and guidance
• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber)
  When used: If you believe your landlord is harassing you, repeatedly accessing without consent, or breaching your tenancy rights, you may apply to the tribunal for resolution.
  How to use: Complete the relevant application for your tenancy type. Seek advice if unsure.
  Apply to the First-tier Tribunal Scotland – Housing and Property Chamber

If Your Landlord Ignores the Rules

If a landlord enters your home without proper notice and without your agreement (unless it is an emergency):

• Raise the issue directly with your landlord—put your concerns in writing
• Keep written records of any incidents
• If the issue is ongoing or involves harassment or threats, seek support from advocacy services or make a formal complaint to the First-tier Tribunal for Scotland (Housing and Property Chamber)

Action Steps for Renters

• Understand your rights—check your tenancy agreement and know what the law says
• If you refuse entry, explain your reasons politely and offer reasonable alternatives
• If problems persist, collect evidence and consider applying to the tribunal for help

The official body for housing dispute resolution in Scotland is the First-tier Tribunal for Scotland (Housing and Property Chamber).

FAQ: Landlord Entry and Privacy in Scotland

1. Can my landlord enter my home without my permission in Scotland?
   No, unless it's an emergency. Your landlord must give at least 24 hours' notice in writing and visit at a reasonable time.
2. What should I do if my landlord keeps coming round unannounced?
   Keep a record, write to your landlord, and if it continues, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).
3. Is it legal for my landlord to show potential tenants or buyers around without my agreement?
   The landlord must notify you at least 24 hours in advance and arrange a suitable time for viewings with your consent.
4. How do I make an official complaint about unlawful landlord entry?
   Gather evidence of each incident and apply to the Housing and Property Chamber of the First-tier Tribunal for Scotland.
5. What if I refuse entry and my landlord tries to evict me?
   Your landlord must follow the correct eviction procedure with a formal Notice to Leave. You can challenge an unfair eviction through the tribunal.

Conclusion: Key Takeaways

• Landlords must give at least 24 hours' written notice and visit at reasonable times, except in emergencies.
• As a tenant, you have the right to refuse entry if legal requirements are not met, but communicate your reasons clearly and calmly.
• Keep a record of all communications and seek advice or support if your landlord does not respect your rights.

Understanding the rules helps protect your privacy and ensures your renting experience in Scotland is fair and respectful.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Dispute resolution and complaints
• Scottish Government – Tenant Rights in Private Rented Housing: Tenancy rights and guidance
• Citizens Advice Scotland: Free advice for renters on landlord access and tenancy disputes
• Police Scotland: For emergencies or if you feel threatened

---

1. Private Housing (Tenancies) (Scotland) Act 2016 – Tenants' Rights
2. Official Scottish Government 'Notice to Leave' Form and Guidance
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Citizens Advice Scotland – Renting a home

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