Sole and Joint Tenancy Agreements in Scotland Explained

Understanding your tenancy agreement is vital for securing your rights as a renter in Scotland. Whether you live alone or with others, knowing the difference between sole and joint tenancy can help you manage issues like rent responsibility, eviction, or requesting repairs. This guide uses official Scottish government resources to help you make informed decisions about your home.

Understanding Tenancy Types in Scotland

Most renters in Scotland have what is called a Scottish Private Residential Tenancy (PRT) since December 1, 2017. These tenancies provide certain protections and are governed by the Private Housing (Tenancies) (Scotland) Act 2016^[1].

What is a Sole Tenancy?

A sole tenancy means just one person is named on the tenancy agreement. That person is solely responsible for:

• Paying the full rent and bills
• Communicating with the landlord
• Requesting repairs and reporting problems
• Following – and being held responsible for – all terms of the tenancy

If you live with a partner, family member, or friend but only one of you is on the agreement, only that person has legal rights and duties.

What is a Joint Tenancy?

With a joint tenancy, two or more people are all named on the agreement. This means that everyone shares equal rights and responsibilities:

• All listed tenants are equally responsible for the full rent (not just “your share”)
• Anyone can communicate formally with the landlord
• The landlord can take action against any or all tenants if terms are broken
• If one joint tenant gives notice, it may end the tenancy for everyone

This setup is common for couples, friends, or groups renting together.

What Happens When Someone Wants to Leave or Join?

Changes to who is living in the property must be made with landlord approval.

• To add someone to a tenancy: All joint tenants (and the landlord) must agree. The landlord will usually require a new written agreement. Use the landlord’s preferred form or letter to request this change.
• To remove a joint tenant: Again, all parties must consent. The agreement should be updated in writing.
• If a sole tenant wants to become a joint tenancy: You must seek landlord permission and sign a new agreement.

Official Scottish Government guidance on changing tenancies can be found on the Tenant's Guide to Private Residential Tenancy^[2].

Responsibilities and Risks: Sole vs. Joint Tenancy

• Rent: With a joint tenancy, all tenants are jointly liable for rent, even if only one person fails to pay.
• Eviction: The landlord may seek eviction for the whole household if any tenant breaks key terms.
• Leaving: Ending a joint tenancy often requires agreement from all tenants, and one person’s notice may end the agreement for everyone.
• Ending a sole tenancy is more straightforward – the sole tenant gives notice using the correct procedures.

Knowing your setup helps you avoid surprises if your living arrangements change.

Official Forms and How to Use Them

• Notice to Leave (No official reference code):
  Used by your landlord to start the eviction process. Landlords must give notice via a formal Notice to Leave form. If you are on a joint tenancy, this notice affects the whole agreement.
  Example: If a landlord wants all tenants out after a breach, they’ll serve a Notice to Leave on all joint tenants.
• Tenant's Notice to Quit (No official reference code):
  Used by a tenant to end their tenancy. You must provide written notice to your landlord. Templates are available on the Scottish Government website.
  Example: A sole tenant wishing to end their tenancy emails or writes to their landlord giving at least 28 days’ notice.
• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber):
  If you dispute a rent increase, eviction, or change in tenancy, you can make an application online or by post via the Tribunal website. See the official First-tier Tribunal for Scotland: Housing and Property Chamber for links and instructions.
  Example: If you believe your landlord has tried to evict you unfairly on a joint tenancy, you can apply for a tribunal decision.

What Are Your Rights and How Are Disputes Handled?

If you encounter difficulties such as eviction, disagreement over repairs, or disputes with co-tenants, you may contact the First-tier Tribunal for Scotland (Housing and Property Chamber). This official tribunal handles all residential tenancy disputes.

Your tenancy rights are protected by the Private Housing (Tenancies) (Scotland) Act 2016, which sets out processes for notice, eviction, rent increases, and more.

FAQ: Sole and Joint Tenancy in Scotland

1. Can I change from a sole to a joint tenancy during my lease?
   Yes, but you must get your landlord’s written approval and sign a new or amended tenancy agreement. This ensures all parties are aware and legally protected.
2. What happens if one joint tenant wants to move out?
   One joint tenant’s notice could end the tenancy for everyone. All tenants should discuss your plans together and agree steps with your landlord first.
3. Are both joint tenants responsible if just one person doesn't pay rent?
   Yes. Under a joint tenancy, all named tenants are equally responsible for the whole rent. If one person does not pay, the others can be asked to cover their share.
4. How can I challenge a rent increase in a joint tenancy?
   If you receive a rent-increase notice, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) within 21 days of receiving the notice.
5. Are there official forms to end my tenancy in Scotland?
   Yes. Tenants should provide notice in writing (by letter or email); landlords use the official Notice to Leave form. Find templates and info on the Scottish Government's Ending your tenancy page.

Conclusion: Key Takeaways

• Sole tenancy gives rights and responsibilities to one person; joint tenancy shares them among all named tenants.
• Major changes, like ending or amending a joint tenancy, require the agreement of all parties and the landlord.
• If you face a dispute, you can seek help from the First-tier Tribunal for Scotland (Housing and Property Chamber).

Understanding your tenancy type is vital in protecting your housing rights and making informed decisions throughout your renting journey.

Need Help? Resources for Renters

• Scottish Government: Private renting tenant rights – Guidance on repairs, rent, and evictions
• First-tier Tribunal for Scotland (Housing and Property Chamber) – Dispute resolution for tenants and landlords
• Citizens Advice Scotland: Renting a home – Free advice on tenancy problems
• Shelter Scotland – Housing advice and financial support

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Scottish Private Residential Tenancy – Tenant’s Guide (gov.scot)

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