Common law tenancies

This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

Common law tenancies are any tenancies which are not regulated by statutory law (that is, laws issued by Parliament or the Scottish Parliament). This means your rights depend mainly on the terms in your tenancy agreement. This section explains who has common law tenancy rights and what those rights are.

About common law tenancies

This page explains who has common law tenancy rights and how these can be supplemented by the terms of your tenancy agreement.

Common law rights

This page explains your rights under the common law. Remember, these rights can be supplemented by the terms of your tenancy agreement, but not if this makes the agreement unfair.

Common law responsibilities

As well as giving you rights, the common law also imposes certain responsibilities on tenants. These responsibilities can be supplemented by the terms of your tenancy agreement. However, your tenancy agreement may state additional responsibilities, so it's important you stick to them as well.


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