If you rent a room or property in Scotland and live in a House in Multiple Occupation (HMO), short-term letting such as Airbnb can affect your safety, privacy and tenancy rights. This guide explains how short-term and holiday lets interact with Private Residential Tenancies, what landlords must do before offering HMO rooms for short lets, and practical steps tenants can take if they suspect unauthorised short‑letting. It uses accessible language and points to the official Scottish legislation and the tribunal that deals with tenancy disputes so you can find and use the right forms and make an application if needed.
Short-term letting and private residential tenancies in Scotland
Most private rented homes in Scotland now operate under the Private Residential Tenancy created by the Private Housing (Tenancies) (Scotland) Act 2016, which sets out grounds and notice requirements for ending tenancies and basic tenant protections.[1] Tenancy agreements may also include specific clauses about subletting or short-term lets; if those clauses are present they form part of the contract between tenant and landlord.
Do HMOs need permission for Airbnb or short-term lets?
- Check your tenancy agreement for any clause that allows or forbids subletting, short-term lets or guest hosting.
- If you receive a written notice about short-term letting, save the notice and check whether it is a prescribed form or includes required dates and reasons.
- HMOs must meet safety, licensing and fire-safety standards; landlords cannot bypass these obligations by short‑letting individual rooms without compliance.
- Short-term letting can change how deposits and council tax are handled, so ask your landlord for clear written details on payments and responsibilities.
What you can do if you suspect unauthorised short‑letting
- Gather evidence: keep photos, messages, booking screenshots or witness details that show the property is being advertised or used by short‑term guests.
- Contact your landlord or managing agent in writing to ask for clarification and any permissions or licences they hold.
- If the issue is unresolved, you can apply to the First‑tier Tribunal (Housing and Property Chamber) to raise a tenancy dispute or ask for enforcement of obligations.
- Keep records of all communications, payments and safety concerns in case you need them for a tribunal application.
Official forms and where to find them
- Private Housing (Tenancies) (Scotland) Act 2016 — the primary legislation explaining Private Residential Tenancies, landlord duties and grounds for eviction; consult the Act text for legal definitions and timelines. View the Act[1]
- Prescribed forms (Notice to Leave and related forms) — regulations set out the prescribed notice forms landlords must use in certain circumstances; if you receive a Notice to Leave check it against the prescribed format and deadlines. View the prescribed forms regulations[2]
- Application to the First‑tier Tribunal (Housing and Property Chamber) — tenants can use tribunal application forms to seek orders about tenancy breaches, rent, deposits or to challenge unlawful short‑letting; the tribunal explains how to apply and which form to use. Find tribunal application guidance and forms[3]
FAQ
- Can my landlord short‑let my room in an HMO without asking me?
- It depends on your tenancy agreement and whether the landlord has followed safety, licensing and notice requirements; unauthorised short‑letting that breaches your contract or safety rules can be challenged.
- What can I ask the landlord to provide if rooms are being short‑let?
- Ask for written permission, details of licences, safety certificates and confirmation of how shared facilities, deposits and bill payments are being managed.
- When should I apply to the tribunal?
- If informal requests and written complaints to the landlord or agent do not resolve the issue, you can apply to the First‑tier Tribunal (Housing and Property Chamber) to seek orders or remedies.
How-To
- Check your tenancy agreement and note any clauses about subletting or short‑term lets.
- Gather evidence such as booking screenshots, photos and dated messages showing short‑term rentals.
- Write to your landlord or agent asking for clarification and copies of licences or permissions; keep a copy of your message.
- If you do not get a satisfactory reply, complete the appropriate tribunal application form and submit evidence to the First‑tier Tribunal (Housing and Property Chamber).
- Attend any scheduled hearing or mediation, bring originals and copies of your documents, and follow tribunal guidance on deadlines.
Help and Support / Resources
- First‑tier Tribunal for Scotland (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016 — legislation.gov.uk
- Prescribed forms regulations — legislation.gov.uk
