What To Do If Your Flatmate Stops Paying Rent in Scotland

If you’re sharing rented accommodation in Scotland and your flatmate suddenly stops paying rent, it’s natural to be worried about your own position—especially if you’re both on the same tenancy agreement. This guide will walk you through your rights, the financial risks, and what practical steps you can take if your flatmate falls behind on rent.

Understanding Who Is Legally Responsible for the Rent

Your exact rights depend on the type of tenancy agreement you have.

• Joint tenancy (most common in flat shares): All tenants named on the agreement are jointly and severally liable for the whole rent. This means the landlord can legally ask any or all tenants to pay any unpaid rent in full — not just the person who didn’t pay.
• Individual tenancy: Each tenant has their own contract and is only responsible for their share.
• Lodgers: If you’re a lodger in your landlord’s home, your situation is different. See types of tenancies in Scotland.

Most flatmates in Scotland have joint tenancies under a Private Residential Tenancy, though older tenancies may differ.^[1][3]

What Happens If Your Flatmate Stops Paying?

Here’s a quick summary of what you might face:

• The landlord can chase you for all the unpaid rent—not just your share—if you have a joint agreement.
• Rent arrears may threaten your tenancy if not dealt with promptly.
• Disagreements with your flatmate can make the living situation uncomfortable or lead to eviction if the arrears continue.

Open and honest communication with both your landlord and flatmate is key at this stage.

Your Action Steps If a Flatmate Stops Paying Rent

• Check your agreement: Read your tenancy to confirm if you’re on a joint or individual contract.
• Speak to your landlord: Let them know you’re aware of the situation and want to work together toward a solution.
• Contact your flatmate: Try to resolve the issue amicably. If possible, agree on a repayment plan.
• Get advice early: You can get free and impartial support from Citizens Advice Scotland or your local council housing advice team.
• Keep records: Note all communications and payments to protect yourself.

Eviction and Legal Steps in Scotland

Landlords in Scotland must follow proper legal procedures to evict tenants, even if there are rent arrears. For most private tenancies, including joint flat shares, landlords must:

• Issue a Notice to Leave stating the reason (e.g. rent arrears for three or more consecutive months)
• Wait the required notice period (usually 28 days for arrears, but can be longer depending on circumstances)
• Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order if you don’t leave

Find more on official eviction processes at mygov.scot eviction guidance.^[2]

Relevant Official Forms

• Notice to Leave
  Used by landlords to start the eviction process for a Private Residential Tenancy when a ground applies (e.g., rent arrears).
  See the official Notice to Leave guidance.
  Example: If your flatmate falls into rent arrears, your landlord serves a Notice to Leave on all tenants named on the agreement.
• Eviction Application Form
  Used by landlords to ask the First-tier Tribunal to grant an eviction order if tenants don’t leave after notice.
  Learn about the eviction application process to the Tribunal.
  Example: If tenants do not leave after the notice period, the landlord applies to the Tribunal using this form.

It’s a criminal offence for a landlord to try evicting you without following the legal process, often known as illegal eviction.^[2]

Can You Force a Flatmate to Pay, or Remove Them?

If you’re in a joint tenancy, you usually cannot unilaterally force a flatmate to leave or make them pay—only the landlord has the legal right to take formal action. If you pay their share to protect your credit or avoid losing your home, you may try to recover the money through informal agreement or the small claims court.

Can I End My Tenancy If My Flatmate Stops Paying?

Under a joint tenancy, all tenants usually need to agree to end the tenancy (by giving 28 days’ notice). If only one person wishes to leave, you should discuss this with your landlord, as they may agree to begin a new tenancy with the remaining tenants. Review the rules on ending a tenancy at mygov.scot ending your tenancy.

1. What should I do if my flatmate leaves unexpectedly without paying rent?
   If your flatmate leaves before the tenancy ends and rent is still due, you may still be responsible for their share if you have a joint tenancy. Contact your landlord immediately and seek advice from resources like Citizens Advice Scotland.
2. Can the landlord evict all tenants if one stops paying rent?
   Yes. If you are on a joint tenancy, the landlord can start eviction proceedings against every tenant named on the contract. The legal steps must be followed, including serving a Notice to Leave and applying to the First-tier Tribunal.
3. What is ‘joint and several liability’?
   This means every tenant on a joint agreement is each responsible for the whole rent, not just their own share. If one person doesn’t pay, the landlord can ask another tenant to cover the shortfall.
4. If I pay my flatmate’s share, can I claim it back?
   You can try to agree repayment with your flatmate, but if they refuse you may need to use the small claims process. Legal advice is recommended before going to court.
5. How long before rent arrears can lead to eviction in Scotland?
   If you have three or more consecutive months of arrears, your landlord can start the eviction process. Timeframes and procedures vary—see official guidance on eviction.

Conclusion: Key Takeaways

• In Scotland, joint tenants are each liable for the full rent if a flatmate stops paying.
• Contact your landlord and seek advice immediately if arrears build up.
• Follow official legislation—eviction requires proper notice and a Tribunal order.

Understanding your tenancy agreement and acting quickly can help protect your rights and your home if a flatmate stops paying.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles disputes about rent, repairs, and eviction.
• Citizens Advice Scotland – Housing Advice
• mygov.scot Renting Guidance
• Scottish Government – Private Residential Tenancies Tenant Guide

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1. Private Housing (Tenancies) (Scotland) Act 2016 – full legislation
2. mygov.scot – Eviction for Rent Arrears
3. Scottish Government – Tenant Guide to Private Residential Tenancies

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