Tenancy Rights for Couples Renting in Scotland

Understanding your rights as a couple renting in Scotland is essential for protecting your home and wellbeing. Whether you're moving in together, facing changes in your relationship, or having issues with your landlord, this guide explains your legal rights, relevant forms, and steps to take. All information is accurate for Scotland this year and is based on official government sources.

Tenancy Types for Couples in Scotland

Most private renters in Scotland now have a Private Residential Tenancy (PRT), introduced under the Private Housing (Tenancies) (Scotland) Act 2016^[1]. This new tenancy type applies whether you rent as a couple or as individuals.

• Joint tenants: Both partners sign the tenancy agreement and share equal legal rights and responsibilities.
• Sole tenant: Only one person signs; the other partner (even if living there) has fewer legal rights.
• Subtenancy/Lodger: Less common; legal rights vary.

It’s important to know your official status, as it affects eviction, notice periods, and leaving the property.

Legal Rights and Responsibilities

Joint Tenancies: Equal Rights and Duties

• Both partners are equally responsible for paying the rent in full and for any tenancy breaches.
• Each partner can request repairs and raise concerns with the landlord directly.
• To end a joint tenancy, all tenants must agree and give the correct notice.

What if Only One Partner is a Tenant?

• The person named on the agreement is responsible for rent and communication with the landlord.
• The unlisted partner is not protected by tenant rights (such as eviction notice requirements).
• To add a partner as a joint tenant, ask your landlord using the correct notice (see forms below).

Ending the Tenancy or Removing a Partner

If your relationship changes, here’s what you need to know:

• To officially end a joint tenancy, all named tenants must provide written notice.
• One partner can leave, but their name won’t be removed until following proper procedure.
• In cases of relationship breakdown, special rules may apply if there’s domestic abuse—seek support from Scottish Government domestic abuse services.

Relevant Official Forms for Couples

• Notice to Leave (PRT):
  • Used by the landlord to end a Private Residential Tenancy. Must specify the reason and notice period.
  • If you receive this form, you can contest it at the tribunal if the eviction grounds don’t apply to your situation.
  • Find the official template and use example at the Scottish Government tenancy agreement page.
• Notice to Quit:
  • Mainly used for older tenancies (pre-December 2017). As a couple, you must jointly serve this if you both wish to leave.
  • Official details on serving notice can be found on mygov.scot’s guide to ending your tenancy.
• Application to Add or Remove a Joint Tenant
  • Use a written request to your landlord (no standard national form required).
  • Landlords must give written consent (with reasonable grounds for refusal). See process at Citizens Advice Scotland: Joint tenancies.

What if You Disagree with Your Landlord?

If you face issues such as unfair eviction, rent increases, or refusal to amend the tenancy, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), the body responsible for residential tenancy disputes^[2]. The tribunal can rule on whether your rights as a couple have been breached or if notice given was valid according to the Private Housing (Tenancies) (Scotland) Act 2016.

How to Apply to the Tribunal

• Visit the official Housing and Property Chamber website.
• Find the application forms under “Applications” (e.g. for ‘Eviction’ or ‘Repair’ disputes).
• Complete the form and attach any evidence (letters, emails, agreements).
• Submit online or by post, as directed on the tribunal site.

"Always keep written records of all communication with your landlord, especially where tenancy rights or changes are being discussed."

FAQ: Tenancy Rights for Couples in Scotland

1. Can my partner be evicted if they are not named on the tenancy?
   If your partner is not listed as a tenant, they are not protected by the full rights of tenants under Scottish law. Only named tenants have formal eviction protections, so it’s best to get both names on the agreement if possible.
2. What should we do if we want to add a partner to our tenancy?
   Send a written request to your landlord. They must have reasonable grounds to refuse. The process is explained on the Citizens Advice Scotland joint tenancies guide.
3. Are both partners responsible for rent even if one moves out?
   Yes, if both names are on the agreement, both remain legally responsible for rent until the tenancy is officially ended or amended.
4. What legal protections are there if a relationship breaks down?
   If domestic abuse is involved, special protections and emergency support are available. More on your rights is at mygov.scot domestic abuse help.
5. Who decides disputes about rent, repairs, or eviction in Scotland?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) is the official tribunal for resolving tenancy disputes.

Key Takeaways for Couples Renting in Scotland

• Both partners should be named on the tenancy for maximum rights and protection
• Disagreements or issues can be resolved by applying to the First-tier Tribunal
• Official forms and correct notice are required to add/remove a partner or end a tenancy

By knowing your rights and following official procedures, you can confidently handle most situations that arise as a couple renting in Scotland.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) — apply for dispute resolution or guidance
• Scottish Government: Renting and tenancy rights — official information for tenants
• Citizens Advice Scotland: Tenant rights — free support and advice
• Shelter Scotland — housing advice and practical help

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1. [1] Private Housing (Tenancies) (Scotland) Act 2016 – full legislation
2. [2] First-tier Tribunal for Scotland (Housing and Property Chamber) official site

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