Renting from Family in Scotland: Rights & Key Considerations

Renting from a family member in Scotland is more common than many might expect. Whether you're moving into a relative's spare flat or temporarily staying in a parent's property, understanding your rights as a tenant is crucial. The rules and responsibilities for renting from family are not the same as living with them informally. This article outlines the key things you need to know to ensure your tenancy is legal and protected under Scottish law.

Your Legal Rights When Renting from Family Members

Under Scottish law, you can rent from family members, and in most cases, you will have the same rights as any other private tenant. Your rights will depend on the type of tenancy agreement you have, regardless of whether your landlord is a relative or not.

What Type of Tenancy Agreement Applies?

As of December 2017, most new private tenancies in Scotland are Private Residential Tenancies (PRT). This applies if:

• You pay rent to your family member
• The property is your only or main home
• Your family member does not live with you as a co-tenant

A PRT gives you security and legal protection, including the right to a rent book, notice periods, and access to the First-tier Tribunal for Scotland (Housing and Property Chamber) for disputes.^[1]

Exceptions: Living with Family or Sharing Household

If you live in the same property as your family member landlord, you may be classified differently, such as an 'excluded occupier' or 'lodger' — and you may not have full tenant rights. Always clarify your status with your landlord and seek advice if you are in doubt.

What You and Your Family Landlord Need to Do Legally

Even if you are related, Scottish law expects certain standards to be met:

• Written Tenancy Agreement: Required for all PRTs. Use the model tenancy agreement or create your own, ensuring it includes all required terms.^[2]
• Deposit Protection: Any deposit must be protected in a government-approved scheme within 30 working days. See the tenancy deposit protection rules for more details.
• Landlord Registration: All landlords in Scotland, including family members, must be registered with the local council. See Landlord Registration Scotland.
• Safety & Repairs: Your landlord must meet safety standards for gas, electrics, and smoke alarms, and is responsible for certain repairs as outlined in the agreement.

Relevant Forms and How to Use Them

• Private Residential Tenancy Agreement (no official form number)
  Scottish Government's template tenancy agreement can be completed online or printed. Tenants should ensure all terms are clear before signing. This is used whenever a new PRT is created.
• Rent Increase Notice (Form: Rent Increase Notice - PRT)
  When a family landlord seeks to raise rent, they must provide a formal Rent Increase Notice (Form 2) at least 3 months in advance. Tenants can challenge the increase with Rent Service Scotland within 21 days if they believe it’s unfair. How to challenge a rent increase
• Notice to Leave (PRT Notice)
  Family landlords must use a formal Notice to Leave to end a PRT tenancy. The length of notice depends on the grounds and how long you've lived there.

Where to Go for Disputes or Problems

If disagreements arise between tenant and family landlord — for example, over repairs, eviction, or deposit disputes — you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).^[3] This independent tribunal hears most private tenancy disputes in Scotland.

1. Do I have the same rights renting from family as renting from a stranger?
   Generally, yes. If you have a Private Residential Tenancy and your family member is a registered landlord, your rights and protections are the same as any other tenant under Scottish law.
2. Does my family landlord have to register and protect my deposit?
   Yes. All landlords in Scotland must register with the local council and protect any deposit in an approved scheme, no matter your relationship.
3. Can my family landlord evict me without notice?
   No. Formal notice procedures apply, and you are entitled to proper written notice and, in many cases, can challenge an eviction at the First-tier Tribunal.
4. Is a written tenancy agreement required even with family?
   Yes. To ensure legal clarity, you should always have a written tenancy agreement, such as the government’s model PRT template.
5. What should I do if my family landlord won’t register as a landlord?
   Contact your local council’s landlord registration team, as unregistered letting is an offence and tenant protections still apply.

Need Help? Resources for Renters

• Mygov.scot: Tenants' Rights in Scotland
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland: Private Renting Advice
• Private Tenant Information Pack from the Scottish Government

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Government Model Private Residential Tenancy Agreement
3. First-tier Tribunal for Scotland (Housing and Property Chamber)

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