What Happens If a Tenant Is Imprisoned in Scotland?

If you rent your home in Scotland and are facing a prison sentence, or you have a loved one in this situation, you might worry about what will happen to the tenancy. It's important to understand how Scottish housing law handles these situations—including rent payments, landlord rights, and how to protect your tenancy while in prison. This guide uses official sources and plain language to help you understand your options and responsibilities.

Your Tenancy Agreement Still Applies

Even if you are sent to prison in Scotland, your tenancy rights and responsibilities remain in place. Unless you choose to end your tenancy or your landlord legally ends it, you are still considered the tenant. This means:

• Your rent is still due, even while you are in prison.
• You remain responsible for looking after the property (as far as possible).
• Your landlord cannot evict you without following the legal process, even if you are not living in the property during your sentence.

Common tenancy types in Scotland—such as the Private Residential Tenancy—are governed by the Private Housing (Tenancies) (Scotland) Act 2016.^[1]

Paying Rent While in Prison

Your landlord is entitled to receive rent payments as usual. If you are unable to pay while incarcerated, rent arrears may build up. This can increase the risk of eviction after your release.

• If your sentence is short, can you arrange for someone to pay your rent?
• Consider contacting your local council to see if you qualify for Housing Benefit or Universal Credit housing costs.
• If you cannot pay rent during your sentence, speak to your landlord to discuss options or payment plans.

Can Your Landlord Evict You?

Your landlord cannot evict you simply because you are in prison. However, they may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if you:

• Build up rent arrears (usually three months or more).
• No longer occupy the property as your only or principal home, which might apply to longer sentences.

If eviction is pursued, your landlord must use the correct legal notice and go through the tribunal. For private residential tenants, this means issuing a Notice to Leave for specific grounds (e.g. rent arrears or abandonment).

Notice to Leave (No official form number)

If your landlord wants you to leave, they must serve a Notice to Leave. This is a written notice advising you of the reason and the date you are expected to leave. For renters in prison, grounds might include:

• Rent arrears for at least three consecutive months
• No longer occupying the property as your main home (which landlords may claim if you are in prison for a long time)

Example: If you are sentenced to 12 months in prison, your landlord may serve a Notice to Leave after a few months on the grounds you are not living there. You can read more or download a template from the Scottish Government site.

Your Options: Protecting Your Tenancy

If you want to keep your home while in prison, take these steps:

• Inform your landlord (or letting agent) about your situation.
• Arrange for someone you trust to pay the rent and care for the property, if possible.
• Seek financial advice from your local council's housing department about benefits while in custody.
• If you're on a joint tenancy, your co-tenant may be able to continue the tenancy in your absence.

Abandonment: What If the Landlord Considers the Property Empty?

Scottish landlords must follow legal procedures if they believe you've abandoned the property. For most modern tenancies, this involves applying to the tribunal—using proper channels—to recover possession. There is no automatic right for the landlord to simply change the locks.^[2]

Ending Your Tenancy Voluntarily

If you know you will not return to the property, you can serve notice in writing to your landlord. For Private Residential Tenancies, tenants can give 28 days' notice in writing. Templates and further guidance are found on the Scottish Government website.

Special Considerations for Social Rented Homes

If you rent from a council or housing association, your rights under the Housing (Scotland) Act 2001 may provide more protection, especially if:

• Your partner or family continues living at the property
• You want to pass the tenancy to someone else (succession or assignation)

Contact your housing officer for advice or visit Scottish Government guidance for social tenants.

If Eviction Proceedings Start

If you receive a Notice to Leave while in prison, you can respond in writing or have someone represent you. All eviction cases must go through the First-tier Tribunal for Scotland (Housing and Property Chamber).

• You can challenge the eviction if you believe the landlord is not following correct procedures.
• Eviction is not automatic; the tribunal considers all circumstances, including your situation.

FAQ: Prison, Rent, and Tenancy Rights in Scotland

1. Can my landlord end my tenancy just because I am sent to prison?
   No. Being sent to prison does not automatically end your tenancy. Your landlord must follow official eviction procedures and may only do so for specific legal reasons.
2. Do I still have to pay rent if I'm in prison?
   Yes, you are still responsible for paying rent while in prison unless your tenancy is officially ended or transferred.
3. How can I protect my tenancy while serving a sentence?
   Arrange for trusted friends or family to pay your rent, inform your landlord of your situation, and contact the local council for advice or possible benefits.
4. What if I can't pay my rent and fall into arrears?
   If you cannot pay and fall into arrears, your landlord may apply to evict you. Communicate early and seek advice from housing support services or your council.
5. Can a family member stay in my home while I am in prison?
   Yes, if they were already living with you, especially in social housing; in private tenancies, the main tenant usually must remain, but speak to your landlord and see about joint tenant or assignation options.

Conclusion: Key Takeaways for Renters

• Prison does not end your tenancy rights—you remain responsible for your home and rent.
• Your landlord must follow legal processes to evict you, usually requiring a Notice to Leave and tribunal decision.
• Seek advice early to protect your tenancy and get help with rent or alternatives.

Need Help? Resources for Renters in Scotland

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles tenancy disputes and eviction cases
• mygov.scot housing support – official Scottish Government housing advice and benefit links
• Citizens Advice Scotland – Renting a home
• Scottish Government – Private Renting Information

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Tenant abandonment guidance

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