A Straightforward Guide to Housing Rights by Roger Sproston

Author:Roger Sproston
Language: eng
Format: epub
Publisher: Straightforward Publishing

Other types of tenancy

Most tenancies in Scotland issued before December 2017 are short assured or assured tenancies. The other tenancy types are:

• ‘Common law’ tenancy - if a tenant shares their home as a lodger

• regulated tenancy - the most common form of tenancy before 1989

• agricultural tenancy

• crofting tenancy

‘Common law’ tenancies

If a landlord is sharing their house or flat with their tenants, they can’t use the short assured or assured tenancy. Instead, they will automatically have what is known as a ‘common law tenancy’. The tenant doesn’t have to have a written contract, but the landlord may use a lodger agreement to create a contract between them and the tenant - so both are clear about what has been agreed. (See appendix for sample lodger agreement).

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