Removing a Tenant from a Joint Tenancy in Scotland

Joint tenancies in Scotland can provide flexibility and security for renters, but issues can arise when one tenant wants to leave or be removed from the agreement. If you’re wondering whether you can remove a tenant from a joint tenancy in Scotland, it’s important to know your rights, the legal steps involved, and the official bodies that oversee private and social tenancies. Here’s a straightforward guide designed for renters to help you navigate this process.

Understanding Joint Tenancies in Scotland

In Scotland, a joint tenancy means two or more people sign a single tenancy agreement, making everyone jointly responsible for rent payments and other obligations. This applies to both private rented sector tenancies (such as Private Residential Tenancies) and social housing tenancies (such as Scottish Secure Tenancies).

• All named tenants share equal responsibility.
• Changes to the tenancy—like removing one tenant—usually require everyone’s agreement.
• Specific legal processes exist depending on the type of tenancy and the reason for removal.

Each situation is unique, so always start by reviewing your tenancy agreement and talking openly with your co-tenants and landlord.

When Can a Tenant Be Removed from a Joint Tenancy?

Removing a tenant from a joint tenancy can occur in several circumstances:

• Voluntary removal: If the tenant wants to leave, they can ask the landlord to update the tenancy agreement. All parties usually need to agree in writing.
• By court or tribunal order: If a joint tenant refuses to leave or cannot be reached, removal may require a formal order. This usually applies when there are serious issues such as relationship breakdowns or domestic disputes.
• Bereavement: If a joint tenant dies, certain rules apply for succession (passing on the tenancy).

The process differs for private and social housing. It’s crucial to understand which type of tenancy you hold before proceeding.

Private Rented Tenancies (PRT)

For most private tenants in Scotland, the Private Residential Tenancy (PRT) is standard. To remove a tenant:

• Everyone must usually agree in writing to end or vary the tenancy agreement.
• If one tenant wants to leave, you can ask the landlord to create a new agreement with the remaining tenants.
• If there’s disagreement and a tenant refuses to leave, only a formal eviction process can remove them. This requires valid grounds and notice under the Private Housing (Tenancies) (Scotland) Act 2016^[1].

Social Housing: Scottish Secure Tenancies (SST)

For council or housing association tenancies, called Scottish Secure Tenancies:

• Tenants can apply to the landlord (the council or housing association) to end, change, or assign their tenancy using official forms (see below).
• Removal without consent is only possible through a court order or with a decree from the First-tier Tribunal for Scotland (Housing and Property Chamber).
• Where domestic abuse is a factor, special rules and protections apply; in some cases, the abusive tenant may be removed regardless of their wishes.

Official Forms and How to Use Them

• Notice to Leave (No official number; Private Residential Tenancy)
  When to use: If a landlord seeks to remove a tenant (including from a joint tenancy), they must issue a Notice to Leave. Tenants should receive this notice with the correct grounds and notice period.
  Example: If your landlord wants to end your joint tenancy because one tenant has breached the agreement, they serve a Notice to Leave with specific reasons.
  Scotland.gov: Notice to Leave guidance
• Change of Joint Tenancy Application (for Social Housing; Council/Housing Association forms vary)
  When to use: For transfer or removal of tenants in Scottish Secure Tenancies, apply to your landlord using their specific form. All joint tenants usually must agree.
  Example: If one joint tenant in a council property wants to leave, you submit the council’s ‘Change of Joint Tenancy’ application.
  Scottish Secure Tenancies: tenant guide
• Application for Termination of Tenancy (for Social Housing)
  When to use: If agreement can’t be reached, remaining tenants or the landlord can apply to the court or tribunal to terminate a tenancy.
  Example: If a relationship breakdown means one tenant wants the other removed, legal action through the tribunal may be necessary.
  Apply to the First-tier Tribunal for Scotland

Who Handles Disputes?

Disputes in private or social rented housing are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). The Tribunal resolves cases involving evictions, tenancy changes, rent disputes, and more. Application details and forms are available on the Tribunal’s official application page.

Legislation Governing Joint Tenancies

The relevant legislation includes:

• Private Housing (Tenancies) (Scotland) Act 2016 for private tenancies
• Housing (Scotland) Act 2001 for social housing, including Scottish Secure Tenancies

Always refer to these Acts for detailed legal rules.

Action Steps for Renters

• Check your tenancy agreement for clauses about joint tenants and changes.
• Speak with your co-tenants and landlord to try to reach agreement.
• If voluntary removal isn’t possible, gather supporting documents and seek legal advice.
• For disputes, apply to the First-tier Tribunal for Scotland using the relevant process.

Treat the process carefully, as decisions about joint tenancies can impact your right to remain in your home and your financial obligations.

FAQs About Removing a Tenant from a Joint Tenancy in Scotland

1. Can one joint tenant remove another without their consent?
   No. Removing a joint tenant without their agreement must go through legal channels, such as a Tribunal or court order, except in cases involving legal protections (e.g., domestic abuse judgments).
2. What if a joint tenant moves out but won’t formally leave the tenancy?
   Their responsibilities continue until a new agreement is signed or a formal termination is made. You can ask the landlord to update the contract or, in case of disputes, apply to the Tribunal.
3. Does my landlord need my consent to add or remove joint tenants?
   Yes, in most cases, all existing and proposed tenants must agree in writing to any changes. Landlords cannot make unilateral changes.
4. What official forms do I need to start the process?
   This depends on your tenancy type. For private tenants, notice or variation agreements are used. For social housing, ‘Change of Joint Tenancy’ or tenancy termination forms (from your landlord or council) are required. Tribunal application forms are available on their official website.
5. Who can help if I need advice about my rights?
   Shelter Scotland, Citizens Advice Scotland, and your local council offer confidential advice and support for all tenancy matters.

Key Takeaways

• You can only remove a tenant from a joint tenancy in Scotland by agreement or formal legal process—not unilaterally.
• The First-tier Tribunal for Scotland handles tenancy disputes, including removal requests, if agreement isn’t possible.
• Always check your tenancy agreement, use official forms, and seek advice if unsure.

These rules help protect the rights and responsibilities of both renters and landlords during joint tenancy changes.

Need Help? Resources for Renters

• Shelter Scotland: Free confidential advice (0808 800 4444)
• Citizens Advice Scotland: Local and national support
• mygov.scot Renters' Rights: Scottish Government guidance
• First-tier Tribunal for Scotland (Housing and Property Chamber): Information on applications and disputes

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1. [1] Full details on removal and eviction processes under the Private Housing (Tenancies) (Scotland) Act 2016.
2. For Scottish Secure Tenancies, see the Housing (Scotland) Act 2001.
3. Tribunal process overview: First-tier Tribunal for Scotland (Housing and Property Chamber).
4. Official forms for private tenancy and guidance: mygov.scot Eviction Notices.
5. Scottish Secure Tenancies procedures: Scottish Government – Guide for Tenants.

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