Joint Tenancies

Who can apply for a joint tenancy?

The Housing (Scotland) Act 2001 gives Scottish secure tenants the right to apply for a joint tenancy with one or more individuals.

If a tenant wishes to add a joint tenant to their tenancy agreement, this needs our consent as their landlord. Section 12(1) of the 2014 Act changes some of the rules around when tenants can apply for a joint tenancy:

the proposed joint tenant must have lived at the property as their only or principal home for the 12 months before the existing tenant applies for them to become a joint tenant (previously there was no qualifying period);
the 12 month period cannot begin unless we have been told that the person is living in the property as their only or principal home.
we must have been told that by the tenant, a joint tenant, or the person the tenant now wishes to become a joint tenant. If we have already been told that the person is living in the property we do not have to be notified again.

Apply for a joint tenancy