Tenant Rights in Shared Houses and HMOs in Scotland

Living in shared housing or a House in Multiple Occupation (HMO) in Scotland can raise unique questions about your rights and responsibilities. Whether you’re sharing with flatmates or renting a room from a live-in landlord, it’s essential to understand the protections Scottish law provides, including how to handle problems like eviction, rent increases, or repairs. This guide covers the key points and resources renters need.

What Is Shared Housing and an HMO?

Shared housing refers to any property where you live with people you are not related to. In Scotland, when three or more unrelated people share, the landlord usually must get an HMO licence from the local council. This is to ensure safety and quality standards.

• HMO (House in Multiple Occupation): Property rented to three or more unrelated individuals who share facilities (like bathroom or kitchen).
• Lodger: You rent a room and live with your landlord.
• Flatshare/Shared Tenancy: You rent together with others, sometimes on one joint tenancy agreement.

Each arrangement has different legal protections, but all renters have the right to safe accommodation and fair treatment.

Your Key Rights as a Shared Housing Tenant

Tenants in shared housing have rights under the Private Housing (Tenancies) (Scotland) Act 2016 and related laws. Here are your core entitlements:

• Safety: Your home must meet safety standards, including fire alarms and gas safety checks. HMOs have extra fire and safety rules.
• Privacy: Landlords must give at least 48 hours’ notice before entering, except in emergencies.
• Repairs: Landlords must keep the property in good repair. You can report disrepair to your local council if needed.
• Notice: You are entitled to proper written notice before eviction—for most private tenancies, this is an eviction notice called a Notice to Leave.
• Rent Increases: You must get at least 3 months’ written notice, and you can challenge unfair increases through the tribunal.
• Deposit Protection: Deposits must be placed in an approved tenancy deposit scheme.

Official Forms You Might Encounter

• Notice to Leave (no specific form number): Used by a landlord to ask a tenant to leave a private residential tenancy. You should receive this notice in writing, stating the reason and the date you are to move out. See the official guidance here.
  Example: If your landlord wants you to move out, they must serve a written Notice to Leave specifying the correct notice period and grounds.
• Rent Increase Notice (Rent Increase Notice to Tenant(s), Form AT2): Landlords must use this to propose a rent increase in an assured or short assured tenancy. For private residential tenancies, there is no set form, but the landlord must provide at least 3 months' written notice.
  Read more at the Scottish Government's rent increase page.
• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber): If you wish to challenge an eviction, rent increase, or unresolved repair issue, you can apply to the tribunal.
  Find application forms here.
  Example: If a rent increase feels unfair, you can apply to have the tribunal review the new rent amount.

Common Issues for Shared Housing Tenants

Problems can come up living with others or with your landlord. Here are common issues and steps you can take:

• Repairs not being carried out: Write to your landlord first, then report to the council if things don’t improve.
• Getting your deposit back: Your landlord must protect your deposit and only make reasonable deductions. If there is a dispute, contact the scheme’s resolution service.
• Eviction worries: You cannot normally be evicted without the required legal process. If served with a Notice to Leave, check it is valid and know you can apply to the First-tier Tribunal (Housing and Property Chamber).
• Unfair rent rises: Challenge through the tribunal if you think a proposed rent increase is excessive.

Disputes sometimes arise when living arrangements are informal, so knowing the correct process helps protect you.

If You’re a Lodger

Lodgers (renting a room from your landlord who lives in the property) often have fewer protections. However, you are still entitled to a reasonable notice period and a safe home. If unsure about your status, see the Scottish Government’s lodger rights page for guidance.

Challenging a Rent Increase in Scotland

If your landlord wishes to raise your rent, they must give you at least 3 months’ written notice. You have the right to challenge the proposed rent through the First-tier Tribunal if you believe it is excessive.

• When you receive a rent increase notice, review it carefully to ensure it meets legal requirements.
• You must apply to the tribunal within 21 days of getting the rent increase notice if you wish to challenge it.
• Use the rent determination application form provided by the tribunal.

The tribunal will decide what a fair market rent is for your property.

Conclusion: Key Takeaways for Shared Housing Tenants

• Shared housing and HMO tenants have strong legal protections in Scotland for safety, rent, repairs, and eviction procedures.
• Always check your tenancy type and know which forms and processes apply.
• You can challenge unfair treatment at the First-tier Tribunal (Housing and Property Chamber).

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – For disputes about eviction, rent, and repairs
• Local Council Finder – For HMO licensing, repair complaints, and environmental health
• Tenancy Deposit Scheme Scotland – Deposit protection and disputes
• Scottish Government: Private Renting Rights

1. Can my landlord enter my room without notice?
   Your landlord must give at least 48 hours’ notice before entering your room or shared areas, except in emergencies.
2. How do I report serious repair issues in an HMO?
   If your landlord is not fixing urgent hazards, contact your local council’s environmental health department. For unresolved issues, you can apply to the First-tier Tribunal (Housing and Property Chamber).
3. What notice must I get if the landlord wants me to leave?
   You should receive a Notice to Leave that details the reason and the minimum notice period, which can vary based on situation but is usually at least 28 days.
4. Am I protected against eviction as a lodger?
   Lodgers have some rights but fewer than tenants. Your notice period is set by your agreement, but must be reasonable (usually at least 28 days). For more, see the government’s lodger guidance.