Tenancy Rights in Scottish Student Halls: What You Need to Know

Student halls of residence offer a unique living experience, with accommodation provided by universities or colleges. If you're living in student halls in Scotland, it's important to understand how tenancy rules apply to you, since the usual private tenancy laws may not always cover your situation.

Who Lives in Student Halls and What Makes Them Different?

Student halls are typically managed by your university or college and are designed for full-time students. Unlike standard private rentals, these buildings have their own procedures and agreements, often tied to your place on your course.

Your agreement to live in halls is usually not a standard private residential tenancy. This means some rights and protections might differ compared to renting a flat privately.

What Type of Agreement Do You Have in Student Halls?

Most Scottish student halls operate under "licences to occupy" or a form of short-term lets, rather than a Private Residential Tenancy (PRT). Key points to understand:

  • Licences and occupancy agreements: These give you the right to stay, but not all the rights a typical tenant would have under the law.
  • Linked to student status: Your place may depend on remaining a registered student.

Because you may have a licence and not a tenancy, protections under the Private Housing (Tenancies) (Scotland) Act 2016 may not fully apply1.

What Rights Do Students Have in Halls of Residence?

Even if you don’t have a formal tenancy, you still have rights under general housing and contract law. For example:

  • Health and safety: Your landlord (the university or college) must keep accommodation safe and habitable. This includes managing fire safety, gas, and electrical standards.
  • Repairs and maintenance: You should report repairs to the accommodation office. Managers must meet standards under the Housing (Scotland) Act 20062.
  • Eviction rules: You can usually only be asked to leave if you break agreement rules or are no longer a student.
  • Deposit protection: If you paid a deposit, it should be protected in a government-approved scheme, even for student halls. Always ask how your deposit is handled. Learn more at the Scottish Government's tenancy deposit guide.
  • Contract terms: Agreements must comply with consumer law, meaning any term or fee should be clear and fair.

Leaving Student Halls: Ending Your Stay

In most cases, you cannot just leave your student accommodation early without penalty unless your licence or agreement allows it, or unless your landlord agrees. Some key points:

  • Notice period: Check your agreement for minimum notice if you want to move out.
  • Early exit fees: Some halls charge fees for breaking the agreement early.
  • If you feel forced to leave without good reason, you may have grounds to complain within your university or college's housing services.

What If You Have a Complaint?

If you believe your rights have been breached (for example, if repairs aren’t done, or your deposit isn’t protected), your first stop should be the accommodation office. If problems persist:

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Which Tribunals and Laws Cover Student Accommodation in Scotland?

Most disputes about student halls won’t go to the main housing tribunal unless you have a Private Residential Tenancy. In Scotland, the First-tier Tribunal (Housing and Property Chamber) Scotland deals with residential tenancy matters. However, for student halls, you may be directed to university internal processes or ombudsman services first.

Relevant legislation:

Key Official Forms for Student Renters in Scotland

  • Notice to Leave (PRT form, not usually for halls): If you believe your agreement is a Private Residential Tenancy, your university must serve a formal Notice to Leave to end your tenancy. Official Notice to Leave form. Used if a landlord (including an institution) wants to end a PRT. If you’re unsure, clarify your agreement type with accommodation services.
  • Deposit protection schemes: No specific form, but you should receive confirmation and be able to access details via your scheme. See MyGov Scotland: Tenancy deposit schemes.
  • University complaints forms: These are handled internally. Ask your Accommodation or Student Services office for details, or visit your institution’s website.

Summary: Student tenants are protected by general law and university policy, but do not usually have all rights of private tenants. Always read your agreement carefully and don't hesitate to seek support if unsure.

  1. Who handles disputes over student halls in Scotland?
    The First-tier Tribunal (Housing and Property Chamber) handles tenancies in Scotland, but most student hall complaints are resolved through your university or college's own processes or the Scottish Public Services Ombudsman.
  2. Are student hall residents protected by the same laws as private renters?
    Not always. Most student halls offer a "licence to occupy," which does not provide the full protections of a Private Residential Tenancy under the Private Housing (Tenancies) (Scotland) Act 2016.
  3. What can I do if my room needs repairs?
    Report repairs to your university accommodation team. They must meet basic safety and repair standards. If not resolved, escalate using the university's complaint process.
  4. Is my deposit safe in student halls?
    If you pay a deposit, it should be protected in an approved deposit scheme. Always ask for written confirmation or check directly with the deposit scheme listed on MyGov Scotland.
  5. Can I leave halls early without penalty?
    Usually not, unless your agreement or university specifically allows. There may be penalties unless you're released due to exceptional circumstances or university policy.

Need Help? Resources for Renters in Scotland


  1. Private Housing (Tenancies) (Scotland) Act 2016
  2. Housing (Scotland) Act 2006
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights UK

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.