Understanding Property Guardian Schemes in Scotland

If you’re exploring your options for affordable housing or come across an offer to be a 'property guardian', it’s vital to understand what this arrangement involves—especially in Scotland, where legal protections for guardians can differ from standard renters. Below, we explain what property guardian schemes are, how they work, your rights, and what to consider before signing up.

What Is a Property Guardian Scheme?

A property guardian scheme is when individuals, called 'guardians', live in empty (often commercial or institutional) buildings to provide security by occupation. In return for typically lower-than-market costs, guardians agree to reside in the building and help keep it safe from vandalism or squatting. These schemes are more common in England, but do appear in Scotland in certain locations.

How Is a Property Guardian Different from a Tenant?

• Guardians occupy the property under a license agreement, not a tenancy agreement.
• You generally have fewer rights than a standard tenant, such as a private residential tenant under the Private Housing (Tenancies) (Scotland) Act 2016.
• Your right to stay can usually be ended with little notice.

For more guidance, Shelter Scotland has official resources on property guardians.

Are Property Guardian Schemes Legal in Scotland?

Property guardian schemes are not illegal in Scotland, but buildings used must still comply with relevant safety, health, and minimum standards laws. The main difference is in the legal status: most guardians are licensees, not tenants.

• License Agreements: Usually do not provide the same protections as a tenancy under the Private Residential Tenancy regime.
• If you live as a guardian in Scotland: You may not be entitled to the same notice periods or tribunal protections as a private renter.

Always review your agreement carefully and consider seeking independent advice before signing up as a property guardian.

Your Rights and Legal Protections as a Property Guardian

Because licensees aren’t covered by the main renting laws, you should consider:

• If the agreement looks or acts like a tenancy (for example, if you have exclusive possession of a room), a tribunal may decide you have tenancy rights.
• Property must still meet basic safety and repairing standards.
• You are protected by health and safety legislation. Unsafe accommodation can be reported to your local council.
• If you are unsure about your status, the First-tier Tribunal for Scotland (Housing and Property Chamber) can provide information on your dispute options.

Key Legislation

• Private Housing (Tenancies) (Scotland) Act 2016 — outlines tenant rights, which may not apply if you are a licensee.

Do I Need to Fill Out Any Official Forms?

There are currently no specific Scottish government forms just for property guardians. However, if you have an issue such as a deposit dispute, poor housing standards, or believe your arrangement is actually a tenancy, you may wish to use the following official resources:

• Application to the Housing and Property Chamber (First-tier Tribunal for Scotland)
  If you feel you are being unfairly evicted or your rights are unclear, you can apply using the Eviction Application Form (no official number given).
  Example: You believe you are entitled to tenancy rights, but your 'landlord' is trying to evict you as a guardian without proper notice. You may apply to the tribunal for clarification on your status and protection.
• Repair Issues
  You may make an application for a Repairing Standard Enforcement Order using this repair form if your building is unsafe or poorly maintained.

Summary of Key Points

Property guardian schemes offer cheap accommodation but with fewer rights. Agreements are often licences, not tenancies. Guardians need to be vigilant and get advice for any uncertainty around their housing status or safety.

Frequently Asked Questions

1. Do property guardians in Scotland have the same rights as private tenants?
   No – most guardians are licensees, not tenants, so they don’t benefit from the main tenant protections under the Private Housing (Tenancies) (Scotland) Act 2016.
2. What if a property guardian agreement feels like a normal tenancy?
   If you are given exclusive possession of your space, you might have rights as a tenant. Seek legal advice or apply to the First-tier Tribunal for Scotland for clarification.
3. Can I be evicted with little notice as a property guardian?
   Yes. Guardian licence agreements usually allow for quick eviction (sometimes just 28 days), and you may not get the extended notice required for tenants.
4. What should I do if the property is unsafe or poorly maintained?
   Contact your local council’s environmental health team or use the official repair form to apply to the Housing and Property Chamber.

Conclusion: What Renters Should Know

• Property guardian schemes in Scotland generally offer less security and fewer rights than standard private rented housing.
• It's essential to check your agreement and get advice if you think you have tenant rights.
• Guardians should always ensure their living space meets basic safety and repair standards.

Being a property guardian can be affordable, but always weigh up the reduced legal protections before signing an agreement.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Dispute resolution and applications for renters and guardians
• Shelter Scotland – Free housing advice and support
• mygov.scot – Advice on private renting rights in Scotland
• Your local council's environmental health team – For safety and repair issues

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Shelter Scotland: Property Guardians
4. mygov.scot: Private Renting in Scotland
5. Scottish Government: Tenant Rights in the Private Rented Sector

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