Leaving a tenancy

Check if leaving is the best option

If you're thinking of leaving a tenancy because you're unhappy with the accommodation, repairs aren't being done or there are problems with your landlord, there might be other actions you can take.

For example, if you're being treated unfairly because of a protected characteristic, such as a disability, you might have a claim for discrimination. Read more about discrimination in housing.

Check how much notice you should give your landlord

How to end your tenancy and how much notice you have to give depends on what type of tenancy you have. Tenancies are usually either public or private, with types of tenancies within these categories.

Read about types of public tenancies or types of private tenancies to find out what type of tenancy you have.

There's more information about ending a tenancy on the Shelter Scotland website.

If you leave without giving proper notice

If you leave without giving proper notice, your landlord might be entitled to charge rent up to the date when notice should have expired. If you're still in the fixed term of a short assured tenancy, you could be charged until the end of the tenancy if you give no notice at all.

If there's a dispute about rent arrears after the end of a tenancy, you should consult an experienced adviser, for example at a Citizens Advice Bureau. Find out where to get advice.

Your landlord can end your tenancy if they think you've left your home without telling them - this is called abandoning a tenancy. Read more about abandoning a tenancy on the Shelter Scotland website.

Joint tenancies

A joint tenancy is when 2 or more tenants sign the same agreement. There's no limit to how many people can be on a joint tenancy.

In a joint tenancy, everyone is equally responsible for all of the rent. This means that if one person cannot pay, the landlord can ask the other tenants to pay the debt.

You can decide how to split the rent. If you decide not to split it equally, you should write an agreement and sign it so there are no misunderstandings.

How to end a joint tenancy depends on what type of tenancy you have.

There's more information about joint tenancies on the Shelter Scotland website. 

If you left belongings in the house

If you leave things behind when you give up a tenancy, the landlord might charge for the cost of clearing them out of the house.

If you owe the landlord money at the end of the tenancy, the landlord is not entitled to hold on to any possessions. Property you left behind still belongs to you and normally should be returned to you when you ask for it. However, there are special rules that apply to property found in a house that a public-sector landlord has repossessed because they think it has been abandoned.

If you left belongings in the house by mistake, you should tell the landlord as soon as possible. If the landlord won't return your belongings, you should consult an experienced adviser, for example at a Citizens Advice Bureau. Find out where to get advice.

If your landlord owes you money

If your landlord owes you money at the end of the tenancy, you should negotiate to get it back. This money could be for things like:

• repairs you paid for

• oil for a central heating tank you filled.

If your landlord won't pay, you might have to take legal action to get the money back. 

In some cases, if your tenancy is still coming to an end, you might consider getting an owed amount like overpaid rent back from upcoming rent payments. You should make sure you have proof you're owed this money and show it to the landlord.

There are risks associated with this, so you should consult an experienced adviser, for example at a Citizens Advice Bureau. Find out where to get advice.

Getting your deposit back

Find out more about how to get your deposit back.