Understanding Shared Housing Tenancy Rights in Scotland

Many people in Scotland choose shared housing—sometimes called "house shares" or "flat shares"—as an affordable and convenient way to rent. Whether you're a student in a city, a young professional, or simply looking for communal living, it's important to understand how your tenancy rights work. The rules for shared housing in Scotland differ from those in other parts of the UK, so knowing your legal protections, obligations, and options is crucial to a safe and fair renting experience.

Types of Tenancy in Shared Housing

Most renters in shared housing will have one of the following tenancy types in Scotland:

• Private Residential Tenancy (PRT): The most common agreement for renting from a private landlord since December 2017
• Common Law Tenancy: Where your landlord also resides in the property or the arrangement does not meet PRT requirements

The Private Housing (Tenancies) (Scotland) Act 2016 is the key legislation covering private residential tenancies¹.

Private Residential Tenancy (PRT)

If you are renting a room in a property and do not share with your landlord, your tenancy is very likely a PRT. This gives you robust rights, including:

• No fixed end date – you can stay as long as you wish, provided you respect the agreement
• Protection against unfair eviction – landlords must have a legal reason to end your tenancy
• Controlled rent increases – your landlord can only increase rent once a year, with at least 3 months’ notice
• Access to support through the First-tier Tribunal for Scotland (Housing and Property Chamber)

What If You Share With Your Landlord?

If you share facilities such as a kitchen or bathroom with your landlord, you are usually a "common law tenant" or "lodger". Your rights are different from PRT tenants. For example:

• Your landlord can end the arrangement with reasonable notice
• You are not protected by the same eviction rules as PRT tenants
• Your rent arrangements may differ and are not subject to the same restrictions

Read more about your rights in shared accommodation on mygov.scot.

Joint Tenancies and Individual Agreements

In shared housing, you might sign a joint tenancy agreement with your housemates or have an individual contract for your room. The difference matters:

• Joint Tenancy: All tenants share equal responsibility for the full property—including rent payments and damages
• Individual Tenancies: Your contract only covers your room and agreed shared spaces

If one joint tenant moves out, the agreement may end for everyone unless a new contract is created.

Key Rights and Responsibilities in Shared Housing

Every renter should be aware of their fundamental rights and responsibilities, including:

• Repairs and maintenance: Your landlord must keep the property safe and in good repair
• Deposit protection: All deposits for PRTs must be held in a government-approved tenancy deposit scheme—such as SafeDeposits Scotland
• Notice periods: For PRTs, both landlords and tenants must give proper notice to end the tenancy
• Privacy: Your landlord can only enter communal areas in accordance with your agreement—private rooms require your permission unless there’s an emergency

If you feel your landlord is not carrying out repairs, you can usually apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for help.

Official Forms and How to Use Them

Here are the most relevant forms renters in shared housing may need:

• Notice to Leave (Private Residential Tenancy)
  • Form: Notice to Leave – no official number (template available on the Scottish Government site)
  • View the Notice to Leave model form
  • When and how used: Landlords must use this form to request that tenants leave a PRT property. It lists the ground (reason) for eviction and gives the correct notice period. For example, if your landlord wants you to leave due to unpaid rent, they must provide you this form, giving you at least 28 days' notice in most circumstances.
• Tenant's Notification to Leave
  • Form: Written notice (no standard form required by law, but a template is available)
  • View the tenant notice template
  • When and how used: If you wish to leave your PRT, you must give your landlord at least 28 days' written notice. For example, if you are moving out of a shared flat, you should send this to your landlord in writing (email or letter) with the specified information.
• Application to the First-tier Tribunal
  • Form: Specific application forms for issues like repairs or deposit disputes
  • First-tier Tribunal forms
  • When and how used: If your landlord fails to carry out repairs, or if there's a dispute over your deposit, you can apply to the tribunal using the relevant form. For example, if the shared flat’s boiler isn’t working and your landlord hasn’t fixed it, complete the "Application by tenant or third party for determination of landlord’s duty to repair and maintain" form.

What to Do If There’s a Dispute?

If you can’t resolve an issue directly with your landlord—about rent, repairs, or deposit—you can bring your case to the First-tier Tribunal for Scotland (Housing and Property Chamber). This tribunal handles most private renting disputes in Scotland, including shared housing cases.

FAQs: Shared Housing Tenancy Rights in Scotland

1. Can my landlord evict me from a shared property without notice?
   No. If you have a Private Residential Tenancy, your landlord must serve you a formal Notice to Leave and follow legal procedures. Common law tenants (lodgers) get "reasonable notice," but this must still be fair in the circumstances.
2. What happens to my deposit when I leave shared housing in Scotland?
   If you have a PRT, your deposit must be returned within 30 working days of your tenancy ending unless there are deductions for damage or unpaid rent. All deposits should be held in a protected scheme such as SafeDeposits Scotland.
3. If a housemate moves out, does my tenancy end too?
   It depends. In a joint tenancy, the agreement may end for all tenants unless everyone agrees to new terms. Individual contracts mean your tenancy continues regardless of others moving out.
4. How often can my landlord increase the rent?
   For PRTs, your landlord may only raise the rent once every 12 months, with at least 3 months’ written notice.
5. What should I do if repairs aren’t being carried out?
   Contact your landlord first. If they don't act, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for help in resolving repair issues.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Handles tenancy disputes and applications
• Mygov.scot Renting Shared Accommodation – Practical guidance on shared housing rights
• Citizens Advice Scotland – Housing Advice
• SafeDeposits Scotland – For checking and retrieving tenancy deposits
• Scottish Government Guide to Private Residential Tenancy Terms

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Scottish Government: Renting a room in your landlord's home
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Notice to Leave (Scottish Government model form)
5. SafeDeposits Scotland

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