Unlike tenants with Private Residential Tenancies (PRTs), lodgers in Scotland (who live with their resident landlord) have fewer security of tenure rights. Ending a lodger arrangement involves giving "reasonable notice" rather than following the strict procedures for PRTs. But what exactly constitutes "reasonable"?
Understanding Lodger Status: Remember, a lodger shares your home. Their legal standing is different from a tenant who has exclusive occupation of a property. This difference is key when it comes to ending the arrangement.
"Reasonable Notice": The law doesn't specify a fixed number of days for lodger notice periods in Scotland. Instead, it relies on the concept of "reasonableness," which generally depends on:
- What Your Lodger Agreement Says: The best practice is to have a written Lodger Agreement (like one created via Legalmaster™) that clearly specifies the notice period required by both the landlord and the lodger. This provides clarity for everyone.
- Rent Payment Frequency: If your agreement doesn't specify a period, reasonable notice is often considered to align with how frequently rent is paid. For example, if rent is paid monthly, one month's notice is often deemed reasonable. If paid weekly, one week's notice might suffice.
- Circumstances: In some situations (e.g., serious misconduct by the lodger), a shorter notice period might be considered reasonable.
How to Give Notice:
- Provide the notice in writing, clearly stating the date the lodger is expected to leave.
- Keep a copy of the notice.
What if the Lodger Refuses to Leave? If the lodger doesn't leave after reasonable notice has expired, you cannot simply change the locks or physically remove them. You would need to apply to the Sheriff Court for an order to remove them. This process is typically simpler and quicker than the eviction process for PRT tenants but still requires court action.
Clarity from the start prevents issues later. Define the notice period clearly in your Lodger Agreement. Need help creating one? Contact Legalmaster™ on 0333 340 8984.
