Tenancy agreements

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

A tenancy agreement is a contract between you and your landlord that sets out your rights to live in a rented property. This page explains what a tenancy agreement should contain and how you can ensure it's fair.

If you are not sure about the kind of tenancy you have, or what your rights are, you can use our online tenancy checker. If you're still not sure, an adviser may be able to help you to find out. Use the Advice Services Directory to find help in your area.

What is a tenancy agreement?

A tenancy agreement is a contract between you and your landlord. It sets out the rights and responsibilities you and your landlord have while you are renting the property.

Does a tenancy agreement have to be in writing?

When you move into rented accommodation, your landlord should give you a written tenancy agreement. However, you don't need to have a written tenancy agreement to have rights. If the landlord has given you permission to live in the property and accepts rent from you, a contract can be said to exist between you. It's important to remember that if your tenancy agreement isn't in writing, you still have rights.

Where do tenancy rights come from?

Your rights as a tenant come from:

• the law
• the agreement you have with your landlord (your tenancy agreement).

The rights that the law gives you cannot be taken away, no matter what your tenancy agreement says. This means that sometimes you have more rights than your agreement says you have.

For example:

• Landlords frequently insert a clause saying that if the rent is so many days late then the tenant is in breach of the agreement and has to leave when told to do so. This is simply a scare tactic. Non-payment of rent is a ground for eviction but your landlord would still have to obtain a court decree in order to evict you, otherwise they would be breaking the law.
• Your landlord may insert a clause to say that they can give you a week's notice to leave the property. This is also unenforceable, because the law sets out that you must have at least four weeks' notice and that your landlord must get an eviction order before you can leave.

The section on eviction has more information on when your landlord can ask you to leave.

Your tenancy agreement can add to your rights. For example, it may say in your tenancy agreement that you have the right to keep pets, or to change the interior décor.

What should a tenancy agreement contain?

A tenancy agreement should list the terms and conditions you and your landlord need to stick to while you're renting the property. It should contain information about:

• the name and address of your landlord
• the address of the property you're renting
• how much rent you will pay
• how long you can live in the property for.

If you haven't agreed on these four things with your landlord (for example, if you don't pay rent) you may not have a legal tenancy. If you don't have a legal tenancy you will be a non-tenant occupier, with fewer rights than a tenant. Read the page on non-tenant occupiers and get advice from a housing aid centre or Citizens Advice Bureau if you're not sure about your tenancy status.

What else can a tenancy agreement include?

A tenancy agreement could include the following:

• when the rent is due and how it should be paid (for example, by cheque, by standing order, etc)
• what the rent covers. Does it include bills and/or council tax? Are there any extra charges, for example for cleaning or gardening?
• whether you have to pay a deposit, and if so, what it covers and what circumstances will mean you won't be able to get it back
• how the tenancy can be brought to an end, for example whether you will be able to leave before the end of the fixed period
• what furniture, if any, will be provided
• what responsibilities you have for internal decorations (your landlord will be responsible for external and structural repairs)
• whether you will be able to sublet
• whether you will be able to have lodgers
• whether you will be able to pass the tenancy on to anyone else
• any other relevant information or house rules, for example about pets, guests or smoking.

How can I make sure my tenancy agreement is fair?

Your tenancy agreement should be written in straightforward language that you can easily understand. It shouldn't contain any unfair terms. Examples of unfair terms might be:

• a clause stating that your landlord can change the terms of the tenancy agreement whenever they like and that you will have to accept the new terms
• a clause saying that the you have to pay for repairs that should be your landlord's responsibility
• a clause saying that your landlord can enter the property whenever they like, without giving you notice.

Unfair terms are not legally binding. If you suspect your tenancy agreement may include unfair terms or if your landlord is holding you to something you don't think is fair, you can ask a housing adviser to look at the agreement for you.

The Consumer Direct website has more information on unfair terms and how to complain about them. The City of Edinburgh council website has examples of a model tenancy agreements.

What if I share my rented accommodation?

If you share a flat or house, you will either have:

• a joint tenancy. This means that everyone in the flat or house is on the same tenancy agreement and you are all responsible for paying the rent and bills. If one of you doesn't pay the rent, the others will have to pay it
• a sole tenancy. This means that one person in the flat has signed the tenancy agreement with the landlord and is responsible for paying the rent and bills. Everyone else in the flat will still have to pay their share, but if someone doesn't pay, the person on the tenancy agreement is ultimately responsible for coming up with the money
• separate tenancies. This means that everyone in the flat or house has a separate tenancy agreement with the landlord and is responsible for paying the amount of rent that's written in their agreement.

You can find out more about your rights if you share here. The section on sharing accommodation has more information on things you should think about before moving into a shared house or flat.