Understanding Live-In Landlord Tenancies in Scotland

In Scotland, renting a room in a property shared with your landlord comes with different rules compared to regular private tenancies. This guide explains what a live-in landlord tenancy is, your rights and responsibilities as a renter, and what to expect if you’re dealing with rent changes, eviction, or maintenance issues.

What Is a Live-In Landlord Tenancy?

If you rent a room or part of a home where the landlord also lives, you're usually termed a lodger, not a tenant. The key difference with a live-in landlord situation in Scotland is that you generally don't have the same robust legal protections as a private residential tenant. For many, understanding these distinctions is crucial—especially if you’re worried about your rights or facing problems at home.

Key Features of a Live-In Landlord Arrangement

• Shared accommodation: You live in the same property as your landlord.
• Common areas: Facilities like kitchens and bathrooms are often shared.
• Not a Private Residential Tenancy (PRT): Standard rules for PRTs under the Private Housing (Tenancies) (Scotland) Act 2016 ^[1] don’t apply if you share accommodation with your landlord.
• License agreement: You will most likely have a license or permission to occupy, not a formal tenancy agreement.

Although your rights may differ, you're entitled to basic safety and notice protections.

Your Rights as a Lodger or Occupier

While you don’t get the full scope of tenant rights, you do have some legal protections:

• Notice to Leave: Your landlord must give "reasonable notice" to end your arrangement—there is no fixed period in law, but what’s fair will depend on the circumstances and, ideally, what your agreement states.
• Deposit protection: Deposits for live-in arrangements aren’t legally required to be held in a government-backed scheme, but best practice encourages written receipts.
• Safety: You have the right to live somewhere safe and to reasonable privacy and quiet enjoyment of your room.
• Repairs: Landlords are still responsible for the property's basic repairs and safety standards, even if they live on-site.

Differences From Other Tenancies

• Eviction protection: Private residential tenants must go through formal eviction proceedings, but lodgers can be asked to leave with reasonable notice.
• Rent controls: There are generally no formal rent controls or prescribed rent increase procedures for live-in landlord agreements.

Ending a Live-In Landlord Tenancy

Because these agreements usually aren’t covered by a Private Residential Tenancy, ending your arrangement is less formal. However, your landlord should still treat you fairly and give you a reasonable amount of notice, as outlined in your agreement or reflecting general good practice.

Practical Example: Notice and Forms

• There is no standard eviction form for live-in landlord arrangements. If you are a lodger sharing with your landlord, you do not get a Notice to Leave (PRT) or AT6 Notice (short assured tenancy).
• If you disagree with the notice given or face difficulties, you can seek advice from your local authority’s housing department or contact First-tier Tribunal for Scotland (Housing and Property Chamber) for guidance, but in most cases disputes are resolved informally or with help from mediation services.

What Legislation Covers Live-In Landlord Tenancies?

Live-in landlord arrangements are excluded tenancies under the Private Housing (Tenancies) (Scotland) Act 2016 ^[1]. This means the full legal process for eviction, rent increases, and other rights found in a standard PRT does not apply if your landlord lives in the property.

Full details are set out in Section 7 of the Act under "tenancies which cannot be private residential tenancies."

Action Steps if You Have Concerns

• Review your written agreement—see what it says about ending your stay and reasonable notice periods.
• If you feel unsafe or think your rights are being ignored, contact your local authority’s housing office.
• Seek free advice from the Citizens Advice network Scotland or Shelter Scotland.

If issues become serious (e.g. harassment or illegal eviction), your local authority’s homelessness service can help and may also involve the police if necessary. For broader disputes not settled informally, the First-tier Tribunal for Scotland (Housing and Property Chamber) deals with residential tenancies, but usually not live-in landlord arrangements.

FAQs About Live-In Landlord Tenancies in Scotland

1. Do I have the same rights as a tenant if I share with my landlord?
   No. If your landlord lives in the property, you are classed as a lodger or occupier and do not have the same legal protections or rights as a private residential tenant.
2. How much notice does my landlord need to give me?
   The law does not set a specific minimum—"reasonable notice" is required. What’s reasonable depends on your circumstances and what is stated in your agreement.
3. Is my deposit protected?
   No. Live-in landlord arrangements in Scotland do not require your deposit to be registered in a tenancy deposit scheme. Ask for a written receipt and keep records.
4. Can my landlord evict me without a reason?
   Yes, as long as reasonable notice is given and you are not being discriminated against or harassed. Formal eviction processes do not apply, but your landlord should act fairly.
5. What can I do if I disagree with being asked to leave?
   Try to resolve the issue directly and seek support from Citizens Advice or your local council if needed. For extreme cases, like illegal eviction or harassment, contact the police or your local authority’s housing department.

Conclusion: Key Takeaways for Scottish Renters

• Live-in landlord tenancies mean you’re a lodger, not a private residential tenant—legal protections are fewer.
• You’re entitled to reasonable notice and safe accommodation, but formal deposit and eviction rules don’t apply.
• Always keep written records, know your agreement terms, and seek help if your safety or rights are at risk.

Understanding your rights in a live-in landlord situation helps you avoid surprises and makes it easier to address issues as they arise.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – For information on residential tenancies, though live-in landlord disputes are usually outside their scope
• mygov.scot: Rent out a room in your home – Official Scottish Government guidance
• Citizens Advice Scotland – Local advice and support
• Shelter Scotland Advice Services – Specialist housing advice
• Your local council’s housing department – For homelessness help or dispute resolution

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1. Private Housing (Tenancies) (Scotland) Act 2016

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