Rent Rules for Joint Tenancies: Your Rights in Scotland

If you share a rented home in Scotland with others, you might have a joint tenancy. This arrangement means all tenants named on the agreement share both rights and responsibilities when it comes to paying rent, handling deposits, and responding to rent changes. Understanding how joint tenancies work is essential to avoid unexpected costs and protect your rights under Scottish law.

What Is a Joint Tenancy in Scotland?

A joint tenancy means two or more people are named together as tenants on the same tenancy agreement. All joint tenants share equal responsibility for:

• Paying the full rent (even if one tenant does not pay)
• Looking after the property
• Paying the deposit
• Following the terms of the tenancy agreement

Joint tenancies are commonly set up for rented flats, houses, or student accommodation. The most frequent type is a Private Residential Tenancy (PRT), which replaced assured and short assured tenancies from December 2017.

How Is Rent Set and Changed in a Joint Tenancy?

Usually, the tenancy agreement will explain how much rent is due and when you are expected to pay it. All joint tenants are typically "jointly and severally liable," meaning each person is responsible for the entire rent if the others do not pay.

• Landlords set the initial rent at the start of the tenancy.
• For a Private Residential Tenancy, your landlord can only increase the rent once a year and must give all tenants at least 3 months’ written notice using the official notice form.

If you think a proposed increase is unfair, you can challenge it by applying to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Official Rent Increase Form

• Form Name: Rent Increase Notice to Tenant(s) under a Private Residential Tenancy (PRT)
• When to Use: Your landlord must use this form to legally notify all joint tenants of a rent increase.
• Where to Find It: Rent Increase Notice to Tenant(s) Form (scroll to Form PRS1)
• Example: If you receive a PRS1 Rent Increase Notice and believe the new amount is too high, you and any other joint tenant have 21 days to apply to the tribunal to review the proposed rent.

Visit the First-tier Tribunal for Scotland (Housing and Property Chamber) for details on challenging rent increases or making other tenancy-related applications.

Deposit Rules for Joint Tenants

For joint tenancies, landlords must protect the full deposit amount in a government-approved tenancy deposit scheme. All tenants should receive details about where the deposit is protected and how to get it back at the end of the tenancy.

• Deposits should not be more than two months’ rent combined.
• Everyone on the tenancy agreement has the right to claim part of the deposit at the end of the rental period.
• If the deposit is not protected properly, tenants can apply to the First-tier Tribunal for Scotland for compensation.

What Happens When Someone Moves Out?

If one tenant wants to leave a joint tenancy:

• Usually, the whole tenancy ends for everyone. The landlord may need to issue a new agreement with the remaining tenants.
• All joint tenants and the landlord must agree in writing if someone wants to be removed from the agreement.
• You must give proper notice, as stated in your agreement or by law.

It's best for all tenants to discuss changes early and check the agreement for any specific instructions about ending or altering the tenancy.

How to Challenge an Unfair Rent Increase

Joint tenants can challenge a rent increase if they believe it is unreasonable. For Private Residential Tenancies, here's what you need to do:

• After receiving the official rent increase notice (Form PRS1), you have 21 days to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber)
• The tribunal will compare your proposed rent with market rates for similar homes in your area

Only one joint tenant needs to submit an application, but ideally, all tenants agree and sign. If successful, the tribunal may set the rent at a lower, fairer rate.

If in doubt about responding to a rent increase, talk to all joint tenants and seek free advice before the deadline. Missing the 21-day window means you must accept the new rent.

Key Legislation and Tribunal

• Private Housing (Tenancies) (Scotland) Act 2016: Sets out rights and rules for Private Residential Tenancies in Scotland.
• First-tier Tribunal for Scotland (Housing and Property Chamber): Handles rent disputes, deposit disputes, and tenancy issues.

FAQ: Joint Tenancy Rent and Deposit Rules in Scotland

1. What does 'joint and several liability' mean for rent?
   It means each tenant named in the agreement is responsible for the full rent. If one tenant cannot pay, the others must cover the shortfall until it is resolved.
2. How do we challenge a rent increase in a joint tenancy?
   After receiving the official rent increase notice, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) within 21 days. The tribunal will decide if the increase is fair.
3. What happens to the deposit if one of us leaves?
   Normally, the deposit remains protected until the whole tenancy ends. The landlord or deposit scheme will release funds according to entitlement at that time.
4. Can a landlord change the rent more than once a year?
   No. For Private Residential Tenancies, landlords can only increase rent once every 12 months and must give 3 months’ written notice.
5. Where do I find official forms for rent increases?
   Rent increase forms and other statutory forms are available on the Scottish Government statutory forms for PRTs page.

Key Takeaways for Joint Tenants in Scotland

• All joint tenants are equally responsible for rent and following the tenancy agreement.
• Rent can be increased once a year with proper notice using the correct form.
• Deposits for joint tenancies must be protected in a government scheme.
• Disputes can be taken to the First-tier Tribunal for Scotland for resolution.

With clear communication and knowledge of your rights, you can avoid common problems in joint tenancies.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Rent, deposit, and tenancy dispute resolution
• Scottish Government: Tenant Rights: Key information on your rights and obligations
• Citizens Advice Scotland: Renting a Home: Free advice on all renting issues
• mygov.scot: Landlord and Tenant Disputes

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Scottish Government: Statutory Forms for Private Residential Tenancies
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Scottish Government: Private Residential Tenancies Guidance

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