Understanding Excluded Licences and Tenancies in Scotland

If you’re renting in Scotland, it’s important to know whether your housing arrangement is an excluded licence or a tenancy. Your legal rights — including protection from eviction and notice periods — depend on which kind of agreement you have. This article breaks down the main differences, why they matter, and how you can check your own status as a renter.

What’s the Difference? Excluded Licences vs. Tenancies

In Scotland, most people who pay rent for their home either have a ‘tenancy’ or an ‘excluded licence’. The difference affects security of tenure, eviction rules and your rights to repairs.

• Tenancy: Gives you stronger legal rights, including set notice periods and eviction protection under Scottish law. Most renters have a ‘private residential tenancy’ (PRT).
• Excluded Licence: Offers fewer rights. Typically applies when you share living space (like a kitchen or bathroom) with your landlord and don’t have exclusive possession of your room or flat.

How Can You Tell Which One You Have?

The main test is exclusive possession (the right to exclude others — including your landlord — from your room or home).

• If you have your own space, with a lock, and your landlord doesn’t live there, you likely have a tenancy.
• If you share essential accommodation (like a kitchen or bathroom) with your landlord or their family, it may be an excluded licence.

Always check your written agreement, but remember: your rights may exist even if you don’t have anything in writing.

Legal Rights and Protections

Different rules apply to tenancies and excluded licences under Scottish housing law. Here’s what’s important:

Tenancies: Your Legal Safeguards

• Eviction requires a formal process, notice, and legal grounds.
• Landlords must provide repairs and follow rent increase rules.
• Your main protection comes from the Private Housing (Tenancies) (Scotland) Act 2016.¹

If you have a tenancy, you cannot normally be evicted without at least 28 days’ notice (depending on length of time in the property and circumstances). Disputes go to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Excluded Licences: Limited Protection

• No minimum notice period required by law.
• No legal right to repairs (unless your agreement says otherwise).
• Your landlord can ask you to leave at any time — sometimes with little warning.

However, your landlord cannot use force to remove you. They may need to apply for a court order if you refuse to leave (see official government guidance).²

Relevant Forms and Action Steps

Ending a Tenancy

• Notice to Leave – Used by a landlord to end a private residential tenancy. It must state the reason (ground) and provide the legal notice period.
  Example: If your landlord wants you to move out because they’re selling, they must give a ‘Notice to Leave’ and a minimum of 84 days’ notice if you have lived there for over six months.
  View the official Notice to Leave (model form).³
• Notice to Quit (AT6 form) – More common for older assured or short assured tenancies under the Housing (Scotland) Act 1988.
  Example: If your agreement started before December 2017 as an assured tenant, your landlord should use the AT6 form.
  See the AT6 Notice to Quit form.⁴

What about Excluded Licences?

There is no required official form for ending an excluded licence. However, it’s best practice for landlords to give written notice. If you think you’ve been asked to leave unfairly, you may be able to seek advice or mediation via your local council or Citizens Advice Scotland.

Where to Go for Disputes or Problems?

• For tenancies: The First-tier Tribunal for Scotland (Housing and Property Chamber) handles disputes over eviction, repairs, and rent increases for private tenants.
• For excluded licences: The Tribunal generally does not have jurisdiction. Instead, you may need to use local council support or courts.

Summary: Knowing the difference between an excluded licence and a tenancy protects you from sudden eviction and helps you take informed action if you have problems with your landlord.

FAQs: Excluded Licences and Tenancy Rights in Scotland

1. How do I know if I have a tenancy or an excluded licence?
   Check if you have exclusive possession of your space and whether your landlord lives there. If you share living space (kitchen, bathroom) with your landlord, it’s usually an excluded licence; otherwise, you’re likely a tenant.
2. What notice should I get if I'm an excluded licensee?
   There’s no minimum legal notice period. However, reasonable notice is usually expected. It’s good practice for your landlord to give written notice, but this isn’t legally required.
3. Can my landlord evict me immediately if I have an excluded licence?
   They can ask you to leave but cannot use force. If you refuse, they may need a court order. It’s best to seek advice if you feel at risk of unlawful eviction.
4. Which official forms do landlords use to end a tenancy?
   For most tenants, the landlord must use a Notice to Leave. For older tenancies, an AT6 Notice to Quit may apply.
5. Where can I go if I can't resolve a dispute with my landlord?
   For most tenancy issues, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). For excluded licences, start with free advice from your local council or Citizens Advice Scotland.

Need Help? Resources for Renters

• Scottish Government: Tenancy Agreements – clear explanations of tenancy types and renter rights.
• First-tier Tribunal for Scotland (Housing and Property Chamber) – apply for repairs, challenge eviction, or settle rent disputes.
• Citizens Advice Scotland – free, impartial local advice including evictions and housing support.
• Official guidance: Living with your landlord

1. Private Housing (Tenancies) (Scotland) Act 2016
2. Scottish Government: Sharing accommodation with your landlord
3. Scottish Government: Private Residential Tenancies Notice to Leave
4. Scottish Government: AT6 Notice to Quit