Your rights if you live in a private rented home

This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales

Your tenancy type

If you rent from a private landlord, you’ll normally have a private residential tenancy. In some cases, you might have an assured, short assured or regulated tenancy.

Your rights as a tenant depend on the type of tenancy you have.

If you’re not sure, check what type of tenancy you have on the Shelter Scotland website.

Rights of private residential tenants

If your tenancy began on or after 1 December 2017, you’ll normally have a private residential tenancy. Private residential tenancies are open-ended. This means that there is no fixed term.

The tenancy will not end until either:

you choose to leave and you give your landlord the correct notice
your landlord gets an eviction order.

You have the right to stay in your accommodation unless the landlord gets an eviction order from the First-tier Tribunal (Housing and Property Chamber). The landlord can only get a court order to evict you if there are special grounds. For example, if you have rent arrears or you’ve broken a tenancy term.

Find out more about facing eviction.

You also have other rights by law, including the right to:

a written tenancy agreement and 'easy read notes' or 'supporting notes'- find out more about tenancy agreements
have certain repairs carried out by the landlord - find out how to get repairs done while renting
notice about rent increases - check how the landlord can increase your rent
succession - this means someone can inherit your tenancy if you die, find out more about succession
not be discriminated against by your landlord - check if your housing problem is discrimination.

You should check your tenancy agreement for more information about your rights.

If you need more advice on your rights, get advice from your local Citizens Advice Bureau.

Rights of assured and short assured tenants

You’ll usually have an assured or short assured tenancy if your tenancy began between on or after 2 January 1989 and before 1 December 2017.

As an assured or short assured tenant, you have the right to stay in your accommodation unless the landlord gets an eviction order from the First-tier Tribunal (Housing and Property Chamber). The landlord can get a court order to evict you if there are special grounds. For example, if you have if you have rent arrears or you’ve broken a tenancy term.

If you have a short assured tenancy, your landlord can also get an eviction order to end the tenancy at the end of your fixed-term, without having any special grounds.

Find out more about facing eviction.

You also have other rights by law, including the right to:

a written tenancy agreement- find out more about tenancy agreements
a tenant information pack if the tenancy started after 1 May 2013
a rent book if you pay your rent weekly
have certain repairs carried out by the landlord - find out how to get repairs done while renting
notice about rent increases - check how the landlord can increase your rent
succession - this means someone can inherit your tenancy if you die, find out more about succession
not be discriminated against by your landlord- check if your housing problem is discrimination.

You should check your tenancy agreement for more information about your rights.

If you need more advice on your rights, get advice from your local Citizens Advice Bureau.

Rights of regulated tenants

You’ll usually have a regulated tenancy if your tenancy began before 2 January 1989.

Regulated tenants have strong rights. The landlord can only end your tenancy in certain circumstances.

If you think you’re a regulated tenant and the landlord asks you to move or to sign a new agreement you should get advice. You can get advice from your local Citizens Advice Bureau.

As a regulated tenant you have rights by law including the right to:

have the rent fixed by the rent officer
notice about rent increases - check how the landlord can increase your rent
have certain repairs carried out by the landlord - find out how to get repairs done while renting
the right to pass the tenancy to someone - you’ll need specialist advice to do this
succession - this means someone can inherit your tenancy if you die, find out more about succession
not be discriminated against by your landlord - check if your housing problem is discrimination.

Rights of common law tenants

A common law tenancy is based on the agreement you make with your landlord. It’s not protected by any tenancy law. You still have rights even if you do not have a written contract.

You’ll usually have a common law tenancy if you:

live with your landlord
live in purpose-built student accommodation
live in temporary homeless accommodation
are provided accommodation by your employer- but some tied accommodation will be a private residential tenancy instead
have over 2 acres of agricultural land included in your tenancy
are a tenant of the crown or a government department.

You can check your rights if you have a common law tenancy on the Shelter Scotland website.

If you need more advice on your rights, get advice from your local Citizens Advice Bureau.

Rights of non-tenant occupiers

You could be a non-tenant occupier if you live somewhere and do not pay any rent. Non-tenant occupiers have limited rights. You’ll usually be a non-tenant occupier if you live:

in a hotel
in a hospital
on a friend’s sofa.

You can check your rights if you’re a non-tenant occupier on the Shelter Scotland website.

If you need more advice on your rights, get advice from your local Citizens Advice Bureau.

Houses in multiple occupation

A house in multiple occupation (HMO) is a home shared by 3 or more tenants who are from 3 or more different families.

A family is 2 or more people who are:

married, in a civil partnership, living together as a couple
parent and child, including stepchildren and foster children
grandparent and grandchild
brothers, sisters, uncles, aunts, nephews or nieces.

If you live in an HMO, your home should meet certain standards. If your landlord needs an HMO licence and does not have one, this is a criminal offence. You can report your landlord to the local council if they're renting out an unlicensed HMO.