Common law tenancies

Common law tenancies are not regulated by any specific laws. Your rights depend mainly on what's in your tenancy agreement. This section explains who has common law tenancy rights and what those rights are.

Housing laws differ between Scotland and England
This content applies to Scotland only
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  • About common law tenancies

    This page explains who has common law tenancy rights and how these can be added to by what's in your tenancy agreement.

  • Common law rights

    This page explains your rights under the common law. These rights can be added to by your tenancy agreement, but not any terms make the agreement unfair.

  • Common law responsibilities

    As well as giving you rights, the common law also imposes responsibilities on tenants. Your tenancy agreement may state additional responsibilities as well.

Speak to a Shelter Scotland adviser

Call Shelter Scotland's free housing advice helpline

0808 800 4444
9am-5pm, Monday to Friday

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You can also email a housing adviser. We aim to respond within three working days.

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