Leaving a tenancy
Check if leaving is the best option
If you're thinking of leaving a tenancy because you're unhappy with the accommodation, repairs aren't being done or there are problems with your landlord, there might be other actions you can take.
For example, if you're being treated unfairly because of a protected characteristic, such as a disability, you might have a claim for discrimination. Read more about discrimination in housing.
Check how much notice you should give your landlord
How to end your tenancy and how much notice you have to give depends on what type of tenancy you have. Tenancies are usually either public or private, with types of tenancies within these categories.
Read about types of public tenancies or types of private tenancies to find out what type of tenancy you have.
If you have a private residential tenancy
You must give your landlord at least 28 days' notice - but check your tenancy agreement to see if you have to give longer.
Your tenancy agreement should also say how to give the notice, for example by email or letter.
If you change your mind, you can withdraw your notice with the landlord's permission by writing to them. You should do this as soon as possible in the same way as you sent the notice. Keep a copy for your records.
Your tenancy comes to an automatic end when you leave after giving your landlord the correct notice.
If you have an assured or short assured tenancy
If you want to end the lease before it's due to expire, you need the landlord's permission unless there's a term in the agreement that allows you to leave early. Otherwise, you might end up having to pay the rent for the rest of the lease.
The legal rules about the type of tenancy or the written tenancy agreement might say how to give notice. If they don't, you should give notice in a signed letter and send it by recorded delivery. You shouldn't give notice by email or text message.
If you want to end a tenancy agreement or you've given notice and then you change your mind and want to stay on, you should consult an experienced adviser, for example at a Citizens Advice Bureau. Find out how to get advice.
If you have a public-sector tenancy
A public-sector landlord has to provide their tenants with a tenancy agreement that explains clearly what the timescales are for leaving the tenancy. Most public-sector tenants are Scottish secure tenants, but some might have shorter tenancies called short Scottish secure tenancies.
If you want to leave the tenancy, you normally have to provide 4 weeks' notice in writing.
There's more information about ending a tenancy on the Shelter Scotland website.
If you leave without giving proper notice
If you leave without giving proper notice, your landlord might be entitled to charge rent up to the date when notice should have expired. If you're still in the fixed term of a short assured tenancy, you could be charged until the end of the tenancy if you give no notice at all.
If there's a dispute about rent arrears after the end of a tenancy, you should consult an experienced adviser, for example at a Citizens Advice Bureau. Find out where to get advice.
Your landlord can end your tenancy if they think you've left your home without telling them - this is called abandoning a tenancy. Read more about abandoning a tenancy on the Shelter Scotland website.
Joint tenancies
A joint tenancy is when 2 or more tenants sign the same agreement. There's no limit to how many people can be on a joint tenancy.
In a joint tenancy, everyone is equally responsible for all of the rent. This means that if one person cannot pay, the landlord can ask the other tenants to pay the debt.
You can decide how to split the rent. If you decide not to split it equally, you should write an agreement and sign it so there are no misunderstandings.
How to end a joint tenancy depends on what type of tenancy you have.
If you have a private residential tenancy
If all joint tenants want to leave, you must all give notice.
If you're the only person who wants to leave, you cannot end your tenancy. Ask your landlord's permission to sign your part of the tenancy over to the remaining tenants or a new tenant.
Get any agreement in writing so there are no misunderstandings.
If you have an assured or short assured tenancy
If one person gives the landlord notice, this ends the tenancy for everyone. Make sure you have the other tenants' permission before you do this.
If you have a public-sector tenancy
If all joint tenants want to leave, you must all give notice.
If only one person wants to leave, they can give their own notice. Any remaining tenants will continue the tenancy.
There's more information about joint tenancies on the Shelter Scotland website.
If you left belongings in the house
If you leave things behind when you give up a tenancy, the landlord might charge for the cost of clearing them out of the house.
If you owe the landlord money at the end of the tenancy, the landlord is not entitled to hold on to any possessions. Property you left behind still belongs to you and normally should be returned to you when you ask for it. However, there are special rules that apply to property found in a house that a public-sector landlord has repossessed because they think it has been abandoned.
If you left belongings in the house by mistake, you should tell the landlord as soon as possible. If the landlord won't return your belongings, you should consult an experienced adviser, for example at a Citizens Advice Bureau. Find out where to get advice.
If your landlord owes you money
If your landlord owes you money at the end of the tenancy, you should negotiate to get it back. This money could be for things like:
- repairs you paid for
- oil for a central heating tank you filled.
If your landlord won't pay, you might have to take legal action to get the money back.
In some cases, if your tenancy is still coming to an end, you might consider getting an owed amount like overpaid rent back from upcoming rent payments. You should make sure you have proof you're owed this money and show it to the landlord.
There are risks associated with this, so you should consult an experienced adviser, for example at a Citizens Advice Bureau. Find out where to get advice.
Getting your deposit back
Find out more about how to get your deposit back.