What kind of tenancy do I have?
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
In order to know your rights as a tenant, you need to know what kind of tenancy agreement you have. There are several different types of tenancy, but our quick and easy tenancy checker can help you to work out which one you are likely to have.
Remember, you may not necessarily have the type of tenancy that is stated on your tenancy agreement. It's unlikely that your landlord is an expert in housing law, so they may have got your tenancy type wrong.
The tenancy checker requires you to have Javascript enabled on your browser, and may not be compatible with all screenreaders. A more accessible version of the checker can be found here.
Are you charged rent?
If you're claiming housing benefit or local housing allowance, you're still charged rent so answer 'yes'.
Do you live in accommodation provided by your employer?
Which of the following situations applies to you?
Are you a subtenant?
If you rent property from a tenant who is in turn renting from a landlord, you will be a subtenant.
Which of the following situations applies to you?
When did you move into your current home?
When did you move into your current home?
Do any of the following options apply to you?
Do any of the following options apply to you?
Do you live in the same home as your landlord?
Do you live in the same home as your landlord?
Do any of the following options apply to you?
What is an AT5?
An AT5 is a special notice that your landlord must give you if they want your tenancy to be short assured rather than assured. You must be given an AT5 before you move into the property or it will not be a short assured tenancy. The form should be properly completed or it will not be official.
If there is more than one tenant on the tenancy agreement, each tenant must receive a copy of the AT5. You can see an example of an AT5 form here.
Do any of the following options apply to you?
What is an AT5?
An AT5 is a special notice that your landlord must give you if they want your tenancy to be short assured rather than assured. You must be given an AT5 before you move into the property or it will not be a short assured tenancy. The form should be properly completed or it will not be official.
If there is more than one tenant on the tenancy agreement, each tenant must receive a copy of the AT5. You can see an example of an AT5 form here.
You live in a shared ownership property
If you have bought a share in your home through a shared ownership scheme, your rights will be set out in the occupancy agreement you have with the housing association that owns the remaining share.
What should I do next?
- Read about your rights.
- Find an advice centre where you can get help.
You're a service occupier or service tenant
If your home is provided as part of your job, your rights will depend on the kind of agreement you have with your landlord/employer.
What should I do next?
- Read about your rights.
- Find an advice centre where you can get help.
You're a non-tenant occupier
If you don't pay rent, this probably means that you don't have a lease. In this case you're likely to be a non-tenant occupier. Non-tenant occupiers don't have nany rights. If you're in this situation, you may be legally homeless, and therefore entitled to help from the council to find a new home.
What should I do next?
- Read about your rights.
- Use our online checker to find out if you can get help from the council to find a permanent home.
- Find an advice centre where you can get help.
You're a non-tenant occupier
If you're staying in a hostel, bed and breakfast or hotel, this probably means that you don't have a lease. In this case you're likely to be a non-tenant occupier. Non-tenant occupiers don't have many rights. If you're in this situation, you may be legally homeless, and therefore entitled to help from the council to find a new home.
What should I do next?
- Read about your rights.
- Use our online checker to find out if you can get help from the council to find a permanent home.
- Find an advice centre where you can get help.
You're a Scottish secure tenant
If you rent a house or flat from the council, a housing association or housing cooperative that is registered with the Scottish Housing Regulator, you will probably have a Scottish secure tenancy (SST). In certain circumstances, you may be given a short Scottish secure tenancy (SSST) instead. However, unless you have been told specifically that you have an SSST, you will have a Scottish secure tenancy.
What should I do next?
- Read about your rights.
- Find out what to do if your landlord asks you to leave.
- Find an advice centre where you can get help.
Your rights depend on your situation
If you live in supported accommodation, your rights will vary depending on the nature of your accommodation and the level of support you are receiving.
What should I do next?
- Read about your rights.
- Find an advice centre where you can get help.
You're a common law tenant
In this case, you're probably a common law tenant. This means that your rights and responsibilities will largely depend on the agreement you made with your landlord when you moved in.
What should I do next?
- Read about your rights.
- Find out what to do if your landlord asks you to leave.
- Find an advice centre where you can get help.
You're an agricultural tenant
If you rent your home along with agricultural land, you'll have an agricultural tenancy.
What should I do next?
- Read about your rights.
- Find out what to do if your landlord asks you to leave your land.
- Find an advice centre where you can get help.
You're a mobile home tenant
If you rent a mobile home or own your mobile home but rent a pitch to station it on, your rights are different from tenants or owners with 'bricks and mortar' homes.
What should I do next?
- Read about your rights.
- Find out what to do if your landlord asks you to leave your mobile home or the pitch it's sited on.
- Find an advice centre where you can get help.
You're a common law tenant
If you're a student renting accommodation from your college or university, you are likely to be a common law tenant.
What should I do next?
- Read about your rights.
- Find an advice centre where you can get help.
You're a common law tenant
If you're living in temporary accommodation provided by the council, you are probably a common law tenant.
What should I do next?
- Read about your rights.
- Find out what to do if you're asked to leave your accommodation.
- Find an advice centre where you can get help.
You're a crofter
If you rent a croft, you'll have crofters' rights.
What should I do next?
- Read about your rights.
- Find out what to do if your landlord asks you to leave your land.
- Find an advice centre where you can get help.
You're a subtenant
If you rent your home from someone who in turn rents the property from a private landlord, the council, a housing association or a housing co-op, then you will be a subtenant. Your rights will differ depending on whether the person you rent from lives with you or not.
What should I do next?
- Read about your rights.
- Find an advice centre where you can get help.
You're a common law tenant
If you pay rent to friends or family, this means they are your landlord and you will probably have a common law tenancy. You don't need to have signed a written agreement for this to be the case.
What should I do next?
- Read about your rights.
- Find out what to do if your friend or relative asks you to leave.
- Find an advice centre where you can get help.
You're a non-tenant occupier
If you don't have a formal agreement with the friends or family you are staying with, and you only pay rent on a casual basis, you will probably be a non-tenant occupier. Non-tenant occupiers don't have many rights. If you're in this situation, you may be legally homeless, and therefore entitled to help from the council to find a new home.
What should I do next?
- Read about your rights.
- Use our online checker to find out if you can get help from the council to find a permanent home.
- Find an advice centre where you can get help.
Your rights depend on your situation
If you live with friends but pay rent to a landlord or letting agency, your rights will depend on whether or not your name is on the tenancy agreement.
What should I do next?
- Read about your rights.
- Find an advice centre where you can get help.
You have a Part VII contract
If you live with your landlord or receive services as part of your rent, you will probably have a part VII contract. Part VII contracts are now very rare in Scotland.
What should I do next?
- Find an advice centre where you can get help.
You have a regulated tenancy
Judging by your answers, you should have a regulated tenancy. Except in a few special cases, landlords have not been able to create regulated tenancies since 1989, so these tenancies are now quite rare.
What should I do next?
- Read about your rights.
- Find out what to do if your landlord asks you to leave.
- Find an advice centre where you can get help.
You're a common law tenant
If you live with your landlord, you are probably a common law tenant.
What should I do next?
- Read about your rights.
- Find out what to do if your landlord asks you to leave.
- Find an advice centre where you can get help.
You're an assured tenant
You are probably an assured tenant if:
- your lease runs for less than six months, or
- your lease runs for longer than six months but your landlord didn't give you an AT5 form before you signed your tenancy agreement.
What difference does an AT5 form make?
Remember, if your tenancy runs for less than six months or you haven't been given an AT5 form, you will by law have an assured tenancy, even if your landlord says you have a short assured tenancy. However, make quite sure you don't have an AT5 form before challenging your landlord about your rights. The form should be kept with your tenancy agreement, and your landlord or letting agency should also have a copy.
What should I do next?
- Read about your rights.
- Find out what to do if your landlord asks you to leave.
- Find an advice centre where you can get help.
You're a short assured tenant
You will be a short assured tenant if:
- your tenancy lasts for six months or more, and
- your landlord has told you that you have a short assured tenancy, and
- your landlord issued you with an AT5 notice before your signed your tenancy agreement.
What difference does an AT5 form make?
Remember, if your tenancy runs for less than six months or you haven't been given an AT5 form, you will by law have an assured tenancy, even if your landlord says you have a short assured tenancy.
What should I do next?
- Read about your rights.
- Find out what to do if your landlord asks you to leave.
- Find an advice centre where you can get help.
We can't guarantee that the results of this assessment will always be 100% accurate. If you're unsure about any details, or if your circumstances are not covered, use our directory to find a local advice centre or call our free national helpline on 0808 800 4444 to speak to an adviser.
