In Scotland, how long can a person legally sleep in another person's flat without being a tenant?
I expect that spending one night at a friend's is totally permissible, but being allowed to live there for months without paying that landlord would surprise me.
I have discovered that in civil partnerships/marriages, most tenancy agreements allow the sole tenant to live together with their partner, but this question would not be about that case.
Notwithstanding the current COVID-19 regulations, I cannot find any Scottish law, regulation or rule that prevents a lawful tenant from having long-term visitors.
However, it may (or may not) be a breach of the tenancy agreement depending on its terms which is where one should look for a definitive answer.
The rule applied by councils in the UK is that a person is not normally resident in a property if they have alternative accommodation in which they normally pay Council Tax. A certain amount of leeway is given for "guests" staying at a property, but broadly speaking, you need to let the council know that you have someone else staying in your house "as soon as possible" as their presence would eventually impact on your own Council Tax payment.
To make sure the right person is charged Council Tax at the right rate, you must tell us about any changes in the circumstances of the adults (aged 18 or over) living in a property.
If there have been any changes in your circumstances, for instance if someone new has moved in, or out then please let us know. You may be entitled to money off your Council Tax.
There is, however, nothing to stop your friend from mooching off you as a houseguest, basically forever.
