Your rights when renting a home

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Your rights will depend on the type of tenancy you have. You will also have certain responsibilities when renting a home.

If you haven’t found somewhere to live check our advice on finding a home to rent or buy.

Private residential tenancy

There are different laws and rules across the UK on housing. In Scotland, if you rent from a private landlord, you’ll usually have a private residential tenancy (PRT).    

A PRT has no end date. Your landlord can only make you leave if they have a valid reason. They also must follow the correct process.  

Find more information on your rights if you have a PRT (scotland.shelter.org.uk)

Find out more information about landlord PRT responsibilities (mygov.scot)

Getting your landlord to give you a private residential tenancy

If you rent from a private landlord or letting agent, you have a right to a written tenancy agreement.

You might have a PRT even if your landlord has not given you the right tenancy agreement. 

Check how to get your landlord to give you a  PRT (scotland.shelter.org.uk)  

Tenancy deposits

If renting privately, your landlord or letting agent will usually ask you to pay a tenancy deposit. The deposit can be up to two months’ rent.  

You should get your deposit back when you move out of your home if you: 

• Have met the terms of the tenancy agreement 
• Have not damaged the property 
• Have paid your rent and bills 

Usually, the landlord must pay the deposit into a deposit protection scheme. If there’s a disagreement about returning your deposit, the scheme can help decide how much you should get back. 

Find more information on tenancy deposits (scotland.shelter.org.uk) 

Shared housing

Your rights might be different if you live in a shared home. For example, if you share your home with other tenants or your landlord. 

Joint tenancies

If you move into a home with other people, you might sign a joint tenancy.  

A joint tenancy is when you sign the same tenancy agreement with one or more other people.  

You can sign a joint tenancy with a: 

• Partner 
• Family member  
• Flatmate 

Find advice on your rights if you have a joint tenancy (scotland.shelter.org.uk) 

Houses of multiple occupation (HMO)

Your home is an HMO if: 

• You share a home with three or more people 
• They’re members of three or more different families 

Your landlord must have an HMO license and the home must meet extra standards.  

Check your rights in a house of multiple occupation (scotland.shelter.org.uk)

Living with your landlord

If you live with your landlord, you’ll usually have a common law tenancy. The agreement you make with your landlord should include your rights in writing. 

Check your rights if you live with your landlord (scotland.shelter.org.uk)

Your home comes with your job

When your employer provides your home, it's called tied accommodation. You’ll either have a tenancy or an occupancy. If you have a tenancy, you have stronger rights. 

Check your rights if your home comes with your job (scotland.shelter.org.uk)

Student housing

If you live in student housing, you'll have a common law tenancy. It will have a fixed term.  

Your tenancy agreement should list your rights and responsibilities. Check your rights in student accommodation and halls (scotland.shelter.org.uk) 

Header image photo credit: VisitScotland / Kenny Lam