Your Tenancy Rights Living with a Landlord in Scotland

If you're renting a room in your landlord’s home in Scotland, your rights and responsibilities differ from those of standard tenants. This guide explains your rights when living with a landlord, including eviction notices, rent changes, and how to protect yourself when problems arise. Whether you’re called a ‘lodger’ or ‘excluded occupier,’ understanding where you stand under Scottish law is crucial for a safe and fair renting experience.

What Type of Agreement Do You Have?

Most people renting a room in their landlord’s home in Scotland are considered ‘excluded occupiers’ or ‘lodgers’. This means:

• You do not have a Private Residential Tenancy (PRT).
• Your agreement may be written or verbal. Ask for written terms if you don’t have any.
• Your landlord can usually enter your room in emergencies, but you are still entitled to privacy.

The distinction is important, as it affects your eviction notice rights and what protection you have under the law.

Key Rights as a Lodger in Scotland

• Reasonable notice before eviction: Unless your agreement specifies otherwise, your landlord should usually give you ‘reasonable’ notice before asking you to leave.
• Protection from harassment and illegal eviction: You cannot be forced out without notice or subject to threats, harassment, or ‘lockouts’.
• Right to a safe, well-maintained room: Your landlord must ensure the property meets basic safety and repair standards, even if you live with them.
• Deposit rules: If you paid a deposit, your landlord is not legally required to register it in a Tenancy Deposit Scheme, but it should be returned at the end of your stay, minus any agreed deductions for damage or unpaid rent.

Notice Periods and Eviction Process

If your landlord asks you to leave, the notice period depends on your agreement. If there’s no written contract, Scottish law expects a reasonable notice, typically the rent period (such as weekly or monthly).

• If you pay rent weekly, one week’s notice is usually considered reasonable.
• Landlords are not required to get a court order to evict a lodger they live with, but they must never use force.

Rent Increases and Repairs

Your rent can only be increased as outlined in your agreement. If there’s no mention of rent rises, your landlord must give reasonable notice—usually matching your rent payment period—before any increase. You can always discuss any proposed increase with your landlord.

• Repairs for shared areas (like kitchens and bathrooms) are the landlord’s responsibility.
• You should report repair issues in writing for a record.

Scottish law covers all private landlords’ repair and safety duties. Learn more at the official Scottish Government tenancy repairs page.

Official Forms and How to Use Them

• Notice to Leave (no official form for lodgers):
  • Lodgers in Scotland are not covered by the standard 'Notice to Leave' which applies to Private Residential Tenants. Your landlord should give written notice, stating when you must leave.
  • Example: If you pay rent monthly with no written contract, your landlord should give you at least one month’s written notice.
• Complaint to Local Council (anti-social behaviour or harassment):
  • If you experience harassment or believe your eviction is illegal, you can report it to your local council using their online forms. Find your council using the official council finder tool.
  • Example: If your landlord locks you out or changes your locks, contact your council immediately for support.

What If There’s a Dispute?

Since you share accommodation with your landlord, the First-tier Tribunal for Scotland (Housing and Property Chamber) generally does not handle disputes for lodgers. Instead, local councils and Police Scotland can help if you experience harassment or are unlawfully evicted.

If you feel you are being forced out or harassed, keep all evidence—letters, texts, or emails—and contact your local council for assistance right away.

FAQ: Living with a Landlord in Scotland

1. Do I have the same rights as a standard tenant if I live with my landlord?
   No. As a lodger or excluded occupier, you don’t have the same legal protections as tenants with a Private Residential Tenancy, including tribunal access or deposit protection.
2. How much notice should my landlord give me to leave?
   Usually, your landlord must give at least the same notice as your rent period (for example, one week’s notice for weekly rent) unless your written agreement says otherwise.
3. What can I do if my landlord tries to evict me without notice?
   Contact your local council immediately using the council directory, as illegal eviction is a criminal offence. Keep all correspondence for evidence.
4. Who do I contact for rent disputes or maintenance issues?
   Start by addressing issues directly with your landlord in writing. For serious breaches or harassment, contact your local council or Citizens Advice Scotland.
5. Is my deposit protected by law?
   No, deposit protection does not apply to lodgers, but your landlord should still return your deposit unless there is damage or unpaid rent.

Conclusion: Key Takeaways for Lodgers

• If you share a home with your landlord in Scotland, you do not have full tenant rights but you still have key protections.
• Your landlord must give reasonable notice and cannot evict you forcibly.
• Keep a written record of all communications and know where to get help for eviction or harassment problems.

Knowing your rights can help you resolve disputes and ensure a safe, fair renting experience.

Need Help? Resources for Renters

• Scottish Government — Private Renting Guidance
• First-tier Tribunal for Scotland (Housing and Property Chamber) — for queries about tribunal jurisdiction
• Find your local council — report harassment or seek housing help
• Citizens Advice Scotland — free help and advice for renters

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1. Housing (Scotland) Act 1988
2. MyGov.Scot — Tenancy rights when you live with your landlord
3. First-tier Tribunal for Scotland (Housing and Property Chamber)

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