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What happens if my tenancy ends?

Your lodger or subtenant can continue to live in the accommodation as long as your tenancy continues. If your tenancy ends, your subtenant or lodger will have certain limited rights, depending on their situation.

If your tenancy ends, the rights of your lodger or subtenant depend on:

  • what kind of tenancy you have
  • what it says in your tenancy agreement
  • whether your landlord agreed to the lodger or subtenant living there.

Scottish secure tenants and short Scottish secure tenants

If you have a Scottish secure tenancy, the council or housing association will be able to evict your subtenant or lodger fairly easily once your tenancy has come to an end by giving them the correct notice and getting a court order to recover possession of the property. If the council or housing association doesn't take this action against them, it's possible that your subtenant or lodger could become a Scottish secure tenant in your place.

Private tenants

If you are an assuredshort assured or private residential tenancy tenant and have your landlord's permission for taking in a lodger or creating a subtenancy, your lodger or subtenant will retain their rights to stay in the property after you have moved out. Of course, if you have been evicted because of the behaviour of your lodger or subtenant, they will be evicted as well.

If, on the other hand, you do not have your landlord's permission, they may not consider that your lodger or subtenant has any right to be there at all.

This is a complicated situation, so if you're in this position, get advice from Citizens Advice or a Shelter Scotland advice centre.

Scotland map Housing laws differ between Scotland and England.
This content applies to Scotland only.
Get advice if you're England

The important points

  • If you have a Scottish secure tenancy, the council or housing association will be able to evict your subtenant or lodger fairly easily once your tenancy has come to an end.
  • If you are an assured or short assured tenant and have your landlord's permission for taking in a lodger or creating a subtenancy, your lodger or subtenant will retain their rights to stay in the property after you have moved out.

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