Tenants’ Rights When Landlords Renovate in Scotland

If you’re renting a home in Scotland, you might face times when your landlord wants to carry out renovations or major improvements to your property. Understanding your rights as a tenant helps you protect your comfort, safety, and tenancy during these changes.

Understanding Renovations and Your Tenancy

Renovations can mean repairs, improvements, or upgrades to parts of your home. While some may be routine, others can disrupt your living space or day-to-day life. It’s important to know when a landlord can carry out works, what notice they must provide, and what your options are.

Landlord’s Duty Regarding Property Condition

• Landlords must ensure that your rented home meets the Repairing Standard at all times.
• Major renovations may be necessary to meet safety or legal obligations.
• Landlords cannot neglect essential repairs or improvements, but they must also respect your rights as a resident.

Your Right to Quiet Enjoyment

You have the right to live in your home without unnecessary disturbance. This is called the "right to quiet enjoyment." Even if the landlord is making improvements, they should minimise disruption and avoid visits at unreasonable times.^[1]

Notice Requirements and Entry

• Your landlord must give at least 24 hours’ written notice before entering your home for repairs or renovations (this is often outlined in your tenancy agreement).
• Entry should happen at a reasonable time of day, unless there’s an emergency.
• You have the right to be present, but you cannot unreasonably refuse repairs that are required by law.

If Renovations Are Disruptive: What Can You Do?

If works are expected to cause prolonged disruption or make parts of your home unusable, communicate early with your landlord. Here are your best steps:

• Ask for a clear schedule of work and expected duration.
• Discuss alternative arrangements (e.g., rent reduction if you can’t use rooms, temporary relocation).
• If work is urgent (affecting health or safety), your landlord must act quickly and keep you informed.

Can Landlords Increase Rent or End Your Tenancy for Renovations?

In Scotland, your landlord cannot end your tenancy just to carry out renovations without using the legal process. For private residential tenancies, they must issue proper notice using the prescribed form and show a valid ground, such as:

• The landlord intends to carry out substantial renovations that mean it’s not reasonable for you to stay.

If served notice for this reason, you should receive the ‘Notice to Leave’ (official form):

• Name: Notice to Leave
• How it works: This is used when a landlord seeks to end a Private Residential Tenancy, including on renovation grounds. It must state the reason and give the correct notice period.
• Example: If your landlord wants to undertake major works requiring vacant possession, they must issue this form and you have rights to challenge it through the tribunal.

If you feel the reason is not genuine or the process is not followed, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to challenge the notice.

How to Take Action if You Have Concerns

If you are unhappy about renovations, disruptive works, or believe your landlord is breaching your rights:

• Speak to your landlord in writing to explain your concerns.
• If you receive a Notice to Leave and believe it is unfair, you can challenge it at the Housing and Property Chamber.
• If renovation works make your home unfit, you can apply to the tribunal to enforce the Repairing Standard.

Relevant Legislation

• Private Housing (Tenancies) (Scotland) Act 2016 sets out your tenancy rights and termination procedures.
• Housing (Scotland) Act 2006 covers Repairing Standard duties and enforcement.

FAQ: Renovations and Tenants’ Rights in Scotland

1. Can my landlord start renovations at any time?
   No, your landlord must give at least 24 hours’ written notice for entry, and the work should take place at a reasonable time unless there’s an emergency.
2. What if renovation work makes my home unsafe or uninhabitable?
   You have the right to apply to the First-tier Tribunal (Housing and Property Chamber) to enforce the Repairing Standard or challenge your landlord’s actions.
3. Do I have to move out for renovations?
   Not unless the work is so extensive you cannot safely remain. In that case, your landlord must follow the legal process to end your tenancy with proper notice and reason.
4. Is my landlord allowed to raise my rent after renovations?
   Any rent increase must follow the rules set in your tenancy agreement and Scottish rent regulations. You can challenge unfair increases at the tribunal.
5. Where can I get official help if I have a dispute over renovations?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) provides free dispute resolution for tenants and landlords.

Key Takeaways for Renters

• Your landlord must provide written notice and minimise disruption during renovations.
• You can challenge unsafe or unreasonable works via the Housing and Property Chamber.
• Legal forms and notice periods protect your rights—don’t hesitate to seek official help if something feels wrong.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – dispute resolution and applications relating to evictions, repairs, and fair rents
• mygov.scot Landlords & Tenants Section – official Scottish government guidance on renting
• Citizens Advice Scotland – Renting a Home
• Scottish Government Repairing Standard Guidance

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1. Section 53, Private Housing (Tenancies) (Scotland) Act 2016 (quiet enjoyment and landlord’s right of entry)
2. Repairing Standard: Housing (Scotland) Act 2006 (official source)
3. Notice to Leave and ending a tenancy: Private Housing (Tenancies) (Scotland) Act 2016 (official legislation)

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