Sharing with your landlord

This content applies to Scotland only.

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

People who share accommodation with their landlord have different rights to those who rent separate property. This page explains who has a resident landlord and what your rights are if you share with your landlord.

What is a resident landlord?

To be classed as a resident landlord, your landlord must:

• use the property as their only or main home (if your landlord only stays in the property occasionally and has another home elsewhere, they probably won't count as a resident landlord); and
• have direct access from their accommodation to yours (for example, a landlord living in a separate flat in the same building as you won't count as a resident landlord; a landlord who has separate rooms in the same house as you will).

Your landlord does not have to own the property - you can also sublet a room from another tenant who lives in the property, in which case that tenant will become your resident landlord.

What kind of tenancy agreement do I have?

You will probably have what is known as a common law tenancy if:

• you share accommodation with your landlord (see above), but
• you have exclusive possession of part of the property (for example, you have your own bedroom).

If you moved in before 2 January 1989, you will have a part VII contract. Part VII contracts are now very rare in Scotland. If you think you have this kind of tenancy, talk to an adviser at a housing aid centre or Citizens Advice Bureau to find out your rights.

What does 'exclusive possession' mean?

Exclusive possession means that only you are entitled to use the accommodation, and your landlord cannot enter without your permission. Even if you and a partner or friend share a bedroom as joint tenants, you should still have common law rights, because your landlord will need permission to enter your part of the accommodation.

You won't have exclusive possession, for example, if you have moved into a partner's home and don't have any part of the home that is specifically yours. In this case, your landlord probably won't need to get a court order if they want to evict you from the property. However, they will still have to give you the correct notice. Read the page on eviction of common law tenants to find out more.

What rights will I have?

Common law tenants don't have as many rights as assured tenants or Scottish secure tenants, but this doesn't mean your landlord can walk all over you. The section on common law tenancies explains more about:

• your tenancy agreement
• who can live with you
• what happens if you want to move out
• what happens if your landlord wants you to move
• who is responsible for carrying out repairs
• whether you can pass on your tenancy to someone else.

What if my landlord moves out?

If your landlord moves out, you will become an assured or short assured tenant, with much stronger tenancy rights. Find out more about your rights as an assured tenant and a short assured tenant here.