Rights of Tenants Who Are Carers in Scotland

If you provide unpaid care for a family member, friend or neighbour and rent your home in Scotland, you have specific rights that can affect discrimination, accessibility, repairs and eviction processes. This guide explains practical steps tenants and renters can take to request reasonable adjustments, respond to notices, and bring cases to the First‑tier Tribunal if needed. It uses plain language so you can understand deadlines, evidence you should keep, and which official forms to use. If you are concerned about privacy, visitor access, or the need for adaptations, knowing your rights as a tenant and carer helps protect your home and the person you care for.

Rights at a glance

As a tenant and carer in Scotland, you should know the basics so you can act quickly when problems arise.

• Landlords must keep the property in repair and address urgent maintenance like heating and water promptly.
• You can request reasonable adaptations or written agreements about accessibility; make requests in writing and keep copies.
• Check any notice for the exact deadline and timescale so you know how long you have to respond or appeal.
• If a dispute continues you can apply to the First‑tier Tribunal (Housing and Property Chamber) for a decision.

Legal protections and legislation

The main statute for private tenancies in Scotland is the Private Housing (Tenancies) (Scotland) Act 2016 which sets out the framework for private residential tenancies, notice grounds and landlord duties.^[1] The First‑tier Tribunal (Housing and Property Chamber) hears most residential tenancy disputes in Scotland; it considers eviction applications, rent issues and some accessibility disputes.^[2]

Forms and when to use them

There are a few official forms and documents you may need. Below are the most relevant and how a tenant who is a carer might use them.

• Notice to Leave (landlord notice) — used by a landlord to start possession proceedings; as a tenant you should check the notice carefully for the stated ground and deadline and seek advice if you think it is unfair or incorrect.^[3]
• Application forms for the First‑tier Tribunal (Housing and Property Chamber) — use these to apply if you wish to challenge an eviction, seek enforcement of repairs, or ask for a decision about adaptations; include clear evidence and a short statement explaining your role as a carer.
• Benefit or support forms (for example, Carer’s Allowance claim forms) — while not tenancy forms, these can evidence the care relationship and the need for adaptations or flexibility from a landlord.

Putting together evidence

Good evidence helps at every stage. Relevant items include dated rent payment receipts, photos of defects, medical letters or care plans, correspondence with the landlord, and a short dated diary of events. Always make copies and keep originals safe; if possible, scan or photograph documents so you have backups.

FAQ

Can my landlord refuse adaptations I need as a carer?

Landlords should consider reasonable requests for adaptations and discuss options; if the tenancy agreement or safety rules are cited as reasons to refuse, you can ask for written reasons and seek tribunal help if required.

What notice can a landlord give in Scotland?

Landlords must use the correct Notice to Leave with a stated ground and timescale; the exact period depends on the ground and your tenancy start date, so check the notice and official guidance immediately.^[3]

How do I raise a case with the Housing and Property Chamber?

You apply using the Chamber’s application forms, include copies of evidence and a short written explanation; the Chamber will set out next steps if it accepts the application.^[2]

How-To

1. Check any notice immediately and note the deadline for response or appeal.
2. Gather all evidence: photos, medical letters, rent records and written requests for adaptations.
3. Submit the correct application to the First‑tier Tribunal (Housing and Property Chamber) with supporting documents and follow the Chamber’s directions.

Key Takeaways

• Keep written records of requests, repairs and communications with your landlord.
• Use official forms and the Tribunal if you cannot resolve issues informally.
• Observe deadlines on notices and act early to protect your rights.

Help and Support / Resources

• First‑tier Tribunal for Scotland (Housing and Property Chamber)
• Scottish Government housing guidance
• Private Housing (Tenancies) (Scotland) Act 2016 on legislation.gov.uk

1. [1] Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
2. [2] First‑tier Tribunal for Scotland (Housing and Property Chamber) - tribunals.scot
3. [3] Private residential tenancy: notice to leave guidance - gov.scot