Your rights if you have an assured tenancy

You could have an assured tenancy if you rent from a private landlord or letting agent, and you moved in before 1 December 2017.

Assured tenancies can no longer be created. If you still have one, it automatically continues until you or your landlord gives valid notice to end it.

Check if you have an assured tenancy

You'll usually have an assured tenancy if your tenancy started between 2 January 1989 and 1 December 2017, and any of these apply:

• your tenancy agreement says it is an assured tenancy

• the initial term of your tenancy was less than 6 months

• you were never given an agreement in writing

• you were not given a valid AT5 form before you moved in

Check what an AT5 form looks like on gov.scot.

If you do not have an assured tenancy

You'll have:

• a short assured tenancy if you were given a valid AT5 form

• a private residential tenancy if you moved in on or after 1 December 2017

• a common law tenancy if you live with your landlord

Your landlord’s legal responsibilities

Most private landlords must be on a council register.

Check if your landlord should be registered.

Providing a tenancy agreement

Your landlord must give you a tenancy agreement that states how long your tenancy is for, how much the rent is and when you should pay it.

The agreement may include other terms such as:

• when the rent can be put up and by how much

• if you’re allowed to redecorate, have pets or sublet

• when and how your tenancy can be passed to someone else

• if you can leave before the end of the fixed term

If you pay rent weekly, your landlord must provide a rent book.

Download an example rent book. (pdf, 496 kb)

Your landlord cannot put anything in your tenancy agreement that takes away your legal rights.

If your landlord has not given you an agreement in writing, you still have rights. You can apply to the housing tribunal to make your landlord give you a tenancy agreement or rent book.

Use Form G on the tribunal’s website. In section 7a of the application form, write 'rule 68'.

Protecting your deposit

Your landlord can ask for up to 2 months’ rent as a tenancy deposit. They must pay it into a deposit protection scheme and send you the details within 30 working days of your tenancy starting.

If they do not, you can apply to the tribunal for compensation.

Check our advice on deposits.

Doing repairs and keeping your home safe

Your landlord is responsible for most repairs in your home.

They must also provide:

• a gas safety certificate

• an electrical safety certificate

• interlinked fire alarms

Check our advice if your landlord is not doing repairs.

Giving notice for access

If your landlord needs to access your home for repairs or inspections, they must give you at least 24 hours’ notice in writing. They can give less notice if access is required for emergency repairs.

You can refuse access if your landlord wants to visit at an unreasonable time or turns up unannounced.

Giving notice of a rent increase

Your tenancy agreement should say when and how your landlord can increase the rent. If not, they must give you the right amount of notice using the correct forms, and you can challenge it.

Check our advice on rent increases.

If your landlord does something wrong

If your landlord is not meeting their legal responsibilities, try talking to them before taking further action. They should resolve the issue.

If they refuse, you can:

• make a complaint about your landlord

• take your landlord to the housing tribunal

If you rent from a letting agent

All letting agencies must follow the letting agent code of practice. Check the letting agent code of practice on gov.scot.

If they do not follow the code, check our advice on making a complaint about your letting agency.

How long your tenancy is for

Your tenancy agreement should say what the fixed term is. If neither you or your landlord has given valid notice to end your tenancy by the end of the fixed term, your tenancy automatically renews. This is called tacit relocation.

Your tenancy agreement might state how long it will be renewed for. For example, it could be for an initial fixed term of 6 months and then renewed monthly after that.

If not, the agreement is renewed for the same amount of time as the initial fixed term. For example, if your fixed term was 6 months, the agreement is renewed for another 6 months.

Your tenancy can only be renewed for up to 1 year at a time.

If your landlord wants you to leave

Your landlord or letting agent cannot just tell you to leave. They must:

• give you a valid eviction notice in writing

• apply to a tribunal for an eviction order if you do not move out

Your eviction notice must tell you the reason, called a ground for eviction. The amount of notice you should get depends on the ground.

You do not have to move out by the date on your eviction notice. You have the right to stay in your home until the tribunal process is finished. You can ask the tribunal to stop or delay the eviction.

Check our advice on your eviction rights.

It’s illegal for a landlord to evict you without following the correct process. Check our advice on dealing with illegal eviction.

If you want to move out

You need to give your landlord the correct amount of notice in writing.

Check our advice on ending your tenancy.

Use our letter template to end your tenancy correctly.

Moving out at the tenancy end date

Your tenancy agreement should say your notice period. If not, usually your notice period is:

• 28 days if your fixed term was less than 4 months

• 40 days if your fixed term was more than 4 months

Add 2 days to your notice period so your landlord has time to receive your email or letter. It's important to send your notice in time to stop your tenancy from automatically renewing.

Moving out before the tenancy end date

Your tenancy agreement might say that you can end the tenancy early and how much notice you need to give.

If not, try to negotiate with your landlord. Get any agreements in writing to avoid misunderstandings.

If you want to pass your tenancy to someone else

Your tenancy agreement might tell you what you do if you want to pass on your tenancy. If not, ask your landlord to agree in writing that the tenancy will be taken over by a new tenant.

If you have a joint tenancy

If 1 person gives notice to end the tenancy, the tenancy agreement ends for everyone.

If the other tenants want to stay, they can keep living there with the same terms. The remaining tenants will have to pay the full rent, and they need the landlord’s permission for a new tenant to move in.

If your landlord changes

Your assured tenancy continues on the same terms if:

• your landlord sells your home while you’re a tenant

• your landlord dies and someone else inherits the property

Your new landlord cannot make you sign a new tenancy agreement.

Changing to a private residential tenancy

At any time, you and your landlord can agree in writing to change your tenancy to a private residential tenancy.

If your landlord wants to change the rent or terms of your tenancy, you can negotiate with them.

If you cannot come to an agreement, you do not have to agree to the new tenancy. Your landlord can only end your tenancy by following the correct eviction process.

Your responsibilities

Your tenancy agreement should explain your responsibilities. These include:

• paying your rent on time

• taking care of the property and keeping it clean

• reporting any repair problems and allowing access for repairs

• not causing a nuisance to your neighbours

• asking permission if you want to sublet, redecorate, or keep pets

If you break any of the terms of your tenancy agreement, your landlord could try to evict you.