The Housing Bill brings important changes to the private rented sector that will affect how landlords manage and plan their properties. For Rettie landlords, understanding what these changes mean in practice is essential.
This blog series will provide clear guidance on the key proposals in the Housing Bill, explaining how they may impact rental income, property management, and long-term investment decisions, helping you prepare with confidence. The first in this series is: ending joint tenancies.
Up until the end of 2025, under a Private Residential Tenancy, if one tenant named on a lease wants to leave a property, and end their lease, all named tenants would need to agree to ending the contract, and until then, no tenant could be released.
Under the new rules, any named tenant will be able to end a tenancy, subject to the required notice period, even if the other named tenants refuse to agree to this.
The law has been changed to avoid anyone in an abusive relationship, or a tenancy that places them at risk, being trapped in a rental contract because the other named tenant refuses to let them leave. A tenant will now be able to end a tenancy, releasing themselves from the contract, without needing the agreement of anyone else named on the lease.
No. Providing the remaining tenant, or tenants, can either pay all the rent themselves, or find a replacement tenant to share the rent, they can enter into a new contract and stay on at the property.
Yes, the landlord would have to agree to the new contract, once they’re satisfied the replacement tenant is in a suitable financial position to enter into a lease agreement. However, if the landlord did refuse to grant a new tenancy, the remaining tenant or tenants would have to vacate the property and could not force the landlord to agree to a new lease agreement.
No one would agree it’s fair for someone to be trapped in a lease against their will, especially if it places them at risk, but there will be implications for tenants who do not fall within this ‘abusive-partner’ scenario.
For instance, if 1 student in a 5-bedroom HMO flat decides they want to move out part way through an academic year, they will be able to end the lease for the 4 other tenants. If the 4 remaining tenants are unable to find a replacement flat mate and can’t afford to pay the full rent between the 4 of them, this rule could put them in a difficult position.
In most flat-mate scenarios, when there are just two flat mates sharing a property, one flat mate can simply end the lease and leave, and the remaining tenant can find a new flat mate to move in.
As with all the recent changes to the housing bill, this has been granted Royal Ascent, but is not yet enforceable. We expect it to become an enforceable law sometime during 2026 & 2027.
As 2025 draws to a close, we're taking a moment to look back on what has been an exceptional year for Rettie Lettings. From major milestones to standout properties and an ever-growing client community, this year has been one of progress, recognition, and continued commitment to delivering industry-leading service across Scotland.
“If you are always pressing the envelope, you will suffer many paper cuts.” (Scott Fahlman) This article is the latest in a series of short summaries contributed by Duncan Reoch, Private Tax Partner at EY Scotland, and his team, to provide insight into lesser-known tax provisions for residential property owners.
