Selling your home over the Christmas period in Scotland can feel counter-intuitive, but it can work very well for the right property and the right seller. While buyer numbers are typically lower, active buyers tend to be serious and motivated. With fewer competing listings, careful presentation, and proactive legal support, a festive-season sale can proceed smoothly and successfully. This article explores the pros, cons, and practical steps to take if you are considering putting your home on the market over Christmas.
Christmas and New Year are times when households are busier than usual. Spare rooms are filled, sofas become beds, and visits that were meant to be short can quietly stretch on. Most of the time, this causes no difficulty. Occasionally, however, informal arrangements can lead to disagreements or uncertainty about whether someone has any right to remain in the property. Understanding where the legal boundaries lie can help avoid problems before they arise.
Festive visitors and potential property pitfalls
Allowing someone to stay in your home, even temporarily, can raise legal questions if expectations are unclear. While most guests are simply visitors, problems tend to arise when stays are open-ended, contributions towards bills are made, or the homeowner is not living in the property at the same time.
Situations that can cause difficulty include:
- A family member staying longer than initially agreed
- A friend contributing money towards household costs
- A homeowner leaving the property entirely while someone else remains
In these circumstances, misunderstandings can arise about whether the arrangement remains informal or whether a form of occupancy right has been created.
Licensee or tenant: why the distinction matters
Under Scots law, someone staying in a property will usually fall into one of two categories.
A licensee is a guest who has permission to stay but does not have exclusive possession of the property. This might include a relative staying in a spare room while you continue to live in the home. A licence does not usually confer long-term rights on the occupier.
A tenant, on the other hand, has a right to occupy a property in return for rent and typically has exclusive possession. Tenancy rights can arise even without a formal written lease, which is where problems often occur.
The risk for homeowners is that an informal arrangement can, unintentionally, start to look like a tenancy. Accepting regular payments, agreeing on no end date, or moving out altogether can all muddy the waters.
Common risks to avoid
Disputes most often arise where expectations were never clearly discussed. Examples include:
- A guest refusing to leave after being asked
- Arguments about whether payments were rent or simply contributions
- Disagreement about notice periods or deadlines
Without clarity at the outset, resolving these issues can become stressful and time-consuming, particularly where emotions and family relationships are involved.
How homeowners can protect themselves
A few simple steps can significantly reduce the risk of problems later on.
Homeowners should consider:
- Being clear about how long the stay will last
- Avoiding accepting rent or regular payments where possible
- Making it clear that the arrangement is temporary and informal
- Putting basic terms in writing if the stay is likely to be longer
A short written note confirming that someone is staying as a guest, and not as a tenant, can help avoid misunderstandings and provide helpful evidence if a dispute arises.
What if someone refuses to leave?
If a guest refuses to vacate when asked, it is essential not to take matters into your own hands. Attempting to remove someone without following the correct legal process can create further complications.
Legal advice should be sought as early as possible. The appropriate remedy will depend on the nature of the arrangement, the length of the stay, and whether any tenancy rights may have arisen. Acting promptly can often prevent a situation from escalating.
Why speak to Pomphreys?
Pomphreys regularly advises homeowners on property-related disputes and occupancy issues. Whether you are dealing with a difficult situation already or want advice before allowing someone to stay, clear guidance at an early stage can help protect your position and avoid unnecessary stress.
Taking the next step
If you are unsure about the legal implications of allowing someone to stay at your property, or if a festive visit has become more complicated than expected, Pomphreys can help. Speaking to a solicitor early can provide clarity, reassurance, and a practical route forward.
Frequently Asked Questions
Can a guest become a tenant without a written agreement?
Yes. In certain circumstances, tenancy rights can arise even without a formal lease, depending on factors such as rent, duration, and exclusive possession.
Does accepting money automatically create a tenancy?
Not always, but regular payments described as rent can increase the risk. Contributions towards utilities or food should be clearly identified as such.
What if I am still living in the property?
If you continue to live in the property and retain control over it, the occupier is more likely to be treated as a licensee rather than a tenant.
Can I simply change the locks if someone refuses to leave?
No. Taking unilateral action can expose you to legal risk. Legal advice should be obtained before taking any steps to remove an occupier.
This article is by Robert Allan
Robert Allan, Partner
Robert Allan graduated from the University of Strathclyde in 1980. Robert deals with all Residential and Commercial Conveyancing, specialising in leases for shops and office premises.
Tel: 01698 373365
Email: rha@pomphreyslaw.com
