What to Do If a Housemate Breaks the Lease in Scotland

Sharing a home in Scotland can come with challenges, especially if one housemate decides to break the lease or move out unexpectedly. Whether you live in a House in Multiple Occupation (HMO) or a standard joint tenancy, it’s important to know your rights and what steps you can take. This guide explains what happens when a housemate leaves a shared tenancy, the legal process, and the resources available for Scottish renters.

Understanding Shared Tenancies in Scotland

Most shared housing arrangements in Scotland use a joint tenancy, where all tenants sign one tenancy agreement and share responsibility for rent and other obligations. In HMOs—where three or more unrelated people share amenities—landlords must meet extra safety standards and have an HMO licence from the local council. If you have a lodger arrangement, the rules may differ, so always check your agreement.

What Happens If a Housemate Wants to Leave?

When one tenant decides to end the lease early, the process depends on the tenancy type:

• Joint Tenancy: Typically, all tenants must agree to end the tenancy. One tenant cannot usually end it for everyone.
• Individual Tenancy (less common): Each tenant is responsible only for their part, so one can leave without affecting the others.

In most shared Scottish tenancies, if one joint tenant gives notice, it may end the tenancy for everyone unless the landlord agrees to a new arrangement. Landlords are not obligated to accept rent from just the remaining tenants unless a new agreement is signed.

Legal Steps When a Housemate Breaks the Lease

If a housemate leaves without following the tenancy agreement, you should:

• Check your tenancy agreement to confirm the notice period, process for ending the agreement, and any clauses about joint responsibility ("joint and several liability").
• Contact your landlord or letting agent immediately to discuss options, such as transferring the tenancy to remaining tenants or finding a replacement housemate.
• Document all communications in writing—keep emails and letters in case of disputes.

If you’re unable to reach an agreement, you and your landlord can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). This is the official body that resolves private tenancy disputes.

Relevant Forms and How to Use Them

• Notice to Leave (Private Residential Tenancy): Prescribed Form
  Landlords usually complete this if ending the tenancy. A tenant can end the tenancy by giving at least 28 days' notice, typically in writing. If you’re leaving a joint tenancy, everyone should agree in writing.
• Application to the First-tier Tribunal: Apply Here
  Use this portal to resolve disputes about deposits, unpaid rent, or a housemate leaving without notice. For example, if the remaining tenants are held responsible for unpaid rent when a housemate moves out and you cannot reach agreement, you can apply for a tribunal decision.

Always refer to the Private Housing (Tenancies) (Scotland) Act 2016 for detailed rules about ending private residential tenancies.

What If the Deposit Is at Risk?

All tenancy deposits in Scotland must be held in a government-approved scheme. If a housemate leaves and the landlord claims against the deposit for damage or unpaid rent, deposit deductions should be split fairly. You can challenge unfair deductions by using the deposit scheme’s dispute process.

Read more about deposit protection at the Scottish Government tenancy deposit information page.

Key Legislation and Where to Get Advice

• Private Housing (Tenancies) (Scotland) Act 2016 — governs most private tenancies and how they may be ended.
• The First-tier Tribunal for Scotland (Housing and Property Chamber) — for resolving disputes about tenancies, rent, and deposits.

Some shared houses may also be regulated as HMOs under the Housing (Scotland) Act 2006. HMO licence rules may affect your rights if your housemate leaves.

Practical Steps for Remaining Tenants

1. Check your tenancy agreement for notice and liability clauses.
2. Report your housemate’s departure to the landlord as soon as possible.
3. Discuss options (e.g. replacing the tenant, signing a new agreement).
4. Keep a record of all communications.
5. Seek independent advice if you feel pressured or at risk of eviction.

Staying informed and acting quickly helps protect your renting rights in Scotland.

Frequently Asked Questions

1. Can my landlord evict me if my housemate breaks the lease?
   No, your landlord cannot evict you solely because a housemate leaves, but unpaid rent or tenancy breaches may put your tenancy at risk. Always communicate with your landlord when circumstances change.
2. Who is responsible for unpaid rent if a housemate leaves early?
   In a joint tenancy, all tenants are legally responsible for the full rent until the tenancy officially ends or a new agreement is signed. This is known as "joint and several liability."
3. How do I add or remove a tenant from the agreement?
   You must ask your landlord’s permission in writing. If agreed, a new or updated agreement is usually signed. If refused, you can seek advice via the First-tier Tribunal for Scotland.
4. What happens to the deposit if one housemate leaves?
   The landlord can use the deposit to cover any unpaid rent or damage. The deposit is returned at the end of the tenancy, and disputes can be raised through the government deposit scheme.
5. Can I challenge my landlord’s decision if I feel it’s unfair?
   Yes. You can apply to the First-tier Tribunal for Scotland to resolve disputes about tenancy terms, evictions, or deposits.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) — Tools and forms for private tenants
• MyGov.Scot: Tenancy Agreement Information
• Citizens Advice Scotland — Renting a Home
• Scottish Government: Tenancy Deposit Schemes

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 2006
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. Prescribed Notices & Forms for Scottish Tenancies
5. Scottish Government: Tenancy Deposits

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