Common law tenants have fewer rights than private residential tenants, assured tenants or Scottish secure tenants. Common law tenancy agreements can be either in writing or verbal. For more information on the different types of tenancies, read Residential tenancies in Scotland.
However, you will still need a court order to evict such tenants if they do not leave your property after being asked.
Your common law tenant will have ‘exclusive possession’ of part of the property (for example, they will have their own bedroom). Exclusive possession means that you are not entitled to enter their room without their permission.
You will need to serve a notice to quit and this should be in writing. It will usually have to give the tenant four weeks to move out.