Housing (Scotland) Bill

Closes 18 Jul 2025

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Ending joint tenancies - summary of process

Altogether these changes mean that, for a joint tenant to bring a tenancy to an end without the agreement of the other joint tenants, they must have: 

  1. served a pre-notice on the remaining joint tenants between 2 to 3 months before serving the 28-day notice to leave on the landlord
  2. given a copy of the 28-day notice to leave to every other joint tenant
  3. ensured that the 28-day notice to leave served on the landlord is accompanied by a statement that a pre-notice and a copy of the 28-day notice has been given to every other joint tenant
  4. met any other requirements as prescribed through regulations by Scottish Ministers

Related information

Each of these steps help to ensure a fair and balanced process for all parties to the tenancy agreement. These safeguard the right of a tenant to exit a tenancy where they need to do so; ensure that other joint tenants have sufficient time to negotiate an alternative solution with the exiting tenant(s) and landlord or find alternative accommodation; and provide a clear framework for the landlord, or their agent, to manage the tenancy in these circumstances.

38. What particular information or advice should the guidance cover?

We will be developing guidance to accompany these measures that would support both landlords and tenants understand and make use of the new process. We want to provide information and support in certain circumstances such as domestic abuse where further guidance would be helpful, for example where a non-contact order is in place.