Tied Housing Rights and Protections for Scottish Renters

Renters in Scotland may sometimes find that their home is linked to their job. This is called tied housing. Whether you work on an estate, in hospitality, or as a caretaker, it’s important to know your rights and protections under Scottish law if you live in tied accommodation.

What Is Tied Housing in Scotland?

Tied housing is accommodation provided to you as part of your job. In Scotland, you might have this type of arrangement if your employment contract says your home comes with your work – for example, farmworkers, pub managers, or school caretakers.

• Your right to stay in the property is linked to your job.
• If your employment ends, your right to live in the tied accommodation might also end.

Different rules may apply compared to standard tenancy agreements, and you may have fewer or different protections, so it’s essential to confirm your status and understand the relevant legislation.

What Rights Do Renters in Tied Accommodation Have?

The rights you have often depend on your specific circumstances and what kind of tenancy agreement you hold.

Main Types of Tied Tenancy Arrangements

• Service Occupancy: Housing is provided as part of your job and you must live there for your duties (e.g., caretakers).
• Service Tenancy: You have a tenancy, but your ability to stay is still linked to your job.

If you’re unsure, check your employment contract and any tenancy agreement you signed. The type will affect your eviction rights and notice periods.

Notice and Eviction – What Happens If You Lose Your Job?

If your job ends, your right to stay in the accommodation may also end. However, you usually do not have to leave immediately. Scottish law sets out notice requirements and routes for eviction.

• Your employer (acting as landlord) generally must give reasonable notice in line with your agreement.
• To evict you, the employer must normally use legal procedures and cannot simply force you to leave.
• Depending on your contract and status, you may be protected by the Housing (Scotland) Act 1988 or the Private Housing (Tenancies) (Scotland) Act 2016.
• If you have a private residential tenancy, minimum notice periods apply and the landlord must have legal grounds.

Relevant Official Forms You Might Encounter

• Notice to Leave (Private Residential Tenancy)
  Form: Notice to Leave
  When used: If your accommodation is covered by the Private Residential Tenancy regime, your employer/landlord must give you this official form with valid grounds and the required notice period. For example, if your employment ends and the landlord is seeking possession based on this ground.
  View the official Notice to Leave form and guide
• Notice to Quit (Short Assured Tenancy/Assured Tenancy)
  Form: Statutory Notice to Quit
  When used: For tenancies covered prior to 1 December 2017, a landlord must serve a Notice to Quit to end the tenancy, usually alongside an AT6 form giving grounds.
  See the Notice to Quit template and guidance

Official action to remove a tenant must go through the First-tier Tribunal for Scotland (Housing and Property Chamber). This is the main body handling residential tenancy disputes, including eviction applications^[1].

Remember: Employers/landlords must not harass or illegally evict tenants in tied accommodation. If you are asked to leave without notice or locked out, seek immediate advice.

What If You Refuse to Leave?

If your employment ends but you do not move out, your employer/landlord must apply to the First-tier Tribunal for an eviction order. Only sheriff officers (authorised by the Tribunal) can lawfully remove you.

Scottish law ensures a process is followed – you should not be evicted without proper notice or a Tribunal order.

What If the Property Needs Repairs?

If you live in tied housing, you still have the right to a safe and well-maintained home. Your employer/landlord is responsible for essential repairs and maintaining the property to the Repairing Standard.

• If repairs aren’t carried out and your landlord/employer won’t respond, you may apply to the First-tier Tribunal for Scotland: Repairing Standard section for help.
• Document all requests and issues before applying.

Summary of Key Rights in Tied Housing in Scotland

• Your housing and job are linked, but you do have tenancy rights.
• Notice periods and the need for Tribunal orders apply in most cases.
• You have a right to basic repairs and safe accommodation.

FAQs about Tied Housing in Scotland

1. Can my employer evict me right away if I lose my job?
   You cannot be evicted immediately without a proper notice period and, if required, a Tribunal order. The exact timeline depends on your tenancy type and employment contract.
2. What should I do if I receive a Notice to Leave?
   Review the notice carefully, check if the grounds are valid, and seek independent advice. If you believe it’s not justified, you can challenge it at the First-tier Tribunal for Scotland (Housing and Property Chamber).
3. How are repairs handled in tied accommodation?
   Your employer/landlord must carry out essential repairs and keep the property to the Repairing Standard. If requests are ignored, you can apply to the Tribunal for help.
4. Who can I contact for official advice on tied housing disputes?
   You can contact your local council, Citizens Advice Scotland, or the Housing and Property Chamber for guidance.
5. What legislation protects renters in tied housing?
   Your rights are generally protected by the Housing (Scotland) Act 1988 or the Private Housing (Tenancies) (Scotland) Act 2016, depending on the tenancy type.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – for disputes, repairs, and eviction applications
• Scottish Government: Private renting rights and responsibilities
• Citizens Advice Scotland: Renting a home
• Your local council’s Housing Options service for emergency support

---

1. First-tier Tribunal for Scotland (Housing and Property Chamber)
2. Housing (Scotland) Act 1988
3. Private Housing (Tenancies) (Scotland) Act 2016

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation