Assured tenancies

This content applies to Scotland only.

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

This page explains your rights if you have an assured tenancy with a private landlord or letting agency.

What is an assured tenancy?

If you rent your home from a private landlord or a letting agency then you will probably have an assured tenancy if:

• your tenancy started after 2 January 1989, and
• before the tenancy commenced, you were not given a notice (an AT5 form) stating that it was to be a short assured tenancy, and
• the place where you live is rented as a home, and
• it is your only or main home.

You do not have to rent the whole property, you may just rent a room or part of the property. However, if you are sharing the accommodation with your landlord, you will not have an assured tenancy.

What are my rights?

You have the right to a written tenancy agreement. It should:

• state the length of time the property is being let for
• state the amount of rent due and when it should be paid
• tell you if the rent can be increased and how it will be calculated
• say who is responsible for decoration and repairs to the inside and outside of the property
• state if there are any conditions or restrictions to the use of the property, for example, no pets, no smokers
• state that you have the right to have your rent determined by the private rented housing panel (PRHP).

Some of your rights will come from the law and some of your rights will come from your tenancy agreement. Your landlord should never ask you to sign anything that will reduce or remove your rights. If you are in this situation, seek advice immediately.

If you live with two or more other tenants who aren't members of the same family, your landlord will need to have a house in multiple occupation (HMO) licence from the council, which gives you some additional rights.

In addition to your rights you also have responsibilities. If you do not fulfil these you may face eviction.

How long is my tenancy for?

Your tenancy agreement will say how long you have rented the property for, for example one month, two months, six months or a year. At the end of that time, your tenancy will automatically renew itself unless:

• you give the landlord written notice that you want to leave at the end of the tenancy (see 'what if I want to leave' below), or
• your landlord gives you written notice that they want you to leave because you have broken a condition of your tenancy agreement.

Your landlord cannot ask you to leave just because your tenancy has reached its end date. They have to have a specific reason (or ground) for asking you to leave. The section on eviction explains when your landlord can ask you to leave.

If neither you nor your landlord has given notice, your tenancy will renew itself for the same length of time. If the tenancy was for more than a year, it will only renew itself for a year.

What if I want to leave?

Before you can leave, you must give your landlord written notice.

If you want to leave before your tenancy has run out or you are in a period when it has renewed itself, you will need to check whether you can arrange to leave before the end of the tenancy. It should state on your tenancy agreement whether you can do this and if so, how much notice you have to give.

Even if this is not mentioned on the tenancy agreement, you may be able to come to an arrangement with your landlord.

If you cannot reach an arrangement with your landlord, you will have to give notice stating that you wish to leave when the tenancy runs out.

The minimum notice you have to give is:

• 28 days if your tenancy runs on a month to month basis or less
• 40 days if your tenancy is for longer than three months.

The minimum notice is based on how long it says the property was let for on your tenancy agreement. It is not based on how long you have lived in the property.

If you leave the property without giving notice, or before your notice has run out, you will still be responsible for the property and for any rent that you are due to pay. If your landlord has to take any legal action, you could also be responsible for any costs that they have to pay.

Can my landlord come into my home without warning?

Your landlord can only come into your home at times that have been agreed on your tenancy agreement, or by giving reasonable notice.

There are special rules if your landlord needs to come in to do repairs or to inspect the condition of the property. They or someone acting on their behalf must give you at least 24 hours' notice in writing before coming round.

If you don't want your landlord or anyone working for them to come round, you should let them know. However, your landlord can go to court to ask the sheriff to grant a court order telling you to let them in.

Rights to repair

Your landlord is responsible for keeping the property wind and watertight and in a condition that is safe and comfortable to live in, and for ensuring that the repairing standard is met. This is a basic level of repair that is required by law. Your landlord must also provide you with information about the repairing standard and what you can do if your home is not up to standard. The section on repairs explains this is more detail, and looks at what you can do if your landlord refuses to carry out repairs.

If you wish to carry out work on your home, such as redecorating or installing a second phone line, you must get permission from your landlord first. Some tenancy agreements will include a clause telling you whether you can carry out this kind of work.

Rights to information

If you rent from a letting agency or an agent, you have a right to know who your landlord is. If you want to know who your landlord is, you should request this in writing. You should receive a note of your landlord's name and address within 21 days. It is a criminal offence for the landlord or letting agency to withhold this information.

If your landlord changes, you should be given the new landlord's name and address before the next day that the rent is due or within two months of the change, whichever date is later.

Can I sublet my home or take in a lodger?

Your tenancy agreement might state whether or not you can sublet part of your property. If it is not mentioned in your tenancy agreement, you must ask your landlord for permission. Even if your tenancy agreement says you can sublet, discuss it with your landlord first.

Can I pass my tenancy onto anyone else?

There may be a clause in your tenancy agreement which states whether or not you can pass on your tenancy to someone else. This is called assignation. It may also state what steps you must follow before you can pass your tenancy on.

If you cannot find this in your tenancy agreement, you must get permission from your landlord first.

What happens to the tenancy if the tenant dies?

If the tenant dies, you can take over the tenancy if:

• the tenant was your husband, wife or civil partner, or
• the tenant was someone who was living with you as your husband, wife or civil partner.

This is called succession.

There are some restrictions to succession.

• You must have been living in the house as your only or main home when the tenant died.
• The tenancy can only be passed by succession on one occasion.

The landlord can serve a notice of proceedings to the new tenant asking them to leave, but only if they do so within a year of the death or a year of finding out about the death.

If the tenancy cannot be passed on, the landlord may be willing to set up a new tenancy agreement with someone who was living in the home.

Our section on death in the household has more information on succession.

What if I have a complaint?

If you have a complaint about a private landlord, try talking or writing to them first. If this doesn't work, you may want to get advice from a housing aid centre or Citizens Advice Bureau, your local council or other advice centre. Use the Advice Services Directory to find an agency in your area. In addition, your local council may have a tenancy relations officer who can help. Read our page on complaining about a private landlord to find out more.

Joint tenancies

It is possible to have a joint tenancy with other tenants as long as one of you lives in the property as your only or main home. However, it's up to your landlord to decide whether or not to grant a joint tenancy.