Private landlords - advice and support
Private landlord information leaflet
Our leaflet explains your rights and responsibilities as a landlord renting to a private tenant:
Setting up the tenancy
Information for landlords about the legal requirements for renting out private property:
Tenancy agreement - if issued prior to 1 December 2017
If you wish to create a Short Assured Agreement it is important to issue a Short Assured Tenancy Notice (AT5) before you sign the tenancy agreement.
A model tenancy agreement is available for you to use:
Private Residential Tenancy - comes into force on 1 December 2017
The introduction of the new Private Residential Tenancy means that it will no longer be possible to create an assured or short assured tenancy from 1 December 2017 onwards (existing tenancies that were taken out before 1 December 2017 will continue to operate as they do currently until they come to an end).
The Scottish Government website provides more information about the new tenancy:
- Private residential tenancies: information for tenants
- Private residential tenancies: information for landlords
It is the law that a landlord must give their tenant(s) a written tenancy agreement. The Scottish Government has produced a Model Private Residential Tenancy Agreement to help do this which includes both mandatory clauses that must be included when using the model tenancy as well as discretionary terms which a landlord may or may not choose to include.
When a landlord uses the Model Private Residential Tenancy Agreement they must also provide their tenant(s) with a copy of the Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement which explain all of the different parts of your tenancy agreement.
From mid November 2017 you will be able to complete the Model Private Residential Tenancy Agreement online on the Scottish Government website.
Sometimes a landlord will choose not to use the Model Private Residential Tenancy Agreement. A landlord can use a different tenancy agreement as long as it sets out all of the statutory terms. If a landlord decides to do this they must provide their tenant(s) with a copy of the Private Residential Tenancy Statutory Terms Supporting Notes which includes information about the nine tenancy terms which must be provided in the tenancy agreement by law.
The Tenancy Deposit scheme protects tenants' deposits until they are due to be repaid. The scheme is provided by an independent third party. All landlords are required by law to lodge their deposits in one of the three schemes.
More information about the scheme is available in this guide:
A good inventory is even more important, you may find this example useful:
It is illegal to charge tenants any fees other than rent and a refundable deposit. No other charges such as reference checks, credit checks and inventory fees are allowed.
Tenant information pack
Private landlords who issue an assured, or short assured, tenancy have a legal duty to provide new tenants with a Tenant Information Pack.
A House in Multiple Occupation (HMO) is a property occupied by three or more people, from different families, who share facilities such as kitchens or bathrooms. Find out how to apply for an HMO licence.
Many new landlords have come into the private sector market and there have been some recent changes to the law. This handy checklist shows private landlords all the things you need to consider when letting out a property:
Managing a tenancy
Information about the minimum standard of repair for private rented properties, disputes with the tenants and dealing with antisocial behaviour:
As a landlord, you have a legal duty to make sure the property you rent out meets a minimum standard of repair for private rented properties - known as the Repairing Standard.
Disputes with tenants
Information to help you deal with, and avoid, disputes with your tenants is available in Renting Scotland's guide to dealing with disputes with tenants.
Information about what you can do to stop antisocial behaviour by your tenants and their visitors is available in Renting Scotland's guide to dealing with antisocial behaviour as a landlord.
Ending a tenancy
Information on the processes you need to follow when ending a tenancy and the rights of your tenants:
Ending a tenancy as a landlord
Information to help you when the the tenancy ends and you want your tenant to leave your property is available in Renting Scotland's guide to ending a tenancy as a landlord.
Homelessness section 11 notice
As a landlord you are legally required to tell us when you start taking court action that could make someone homeless.
Let Property Campaign - HMRC
The Let Property Campaign gives you the opportunity to bring your tax affairs up to date if you're an individual landlord letting out residential property in the UK (or abroad), and to get the best possible terms to pay the tax you owe.
Landlord Accreditation Scotland Training Courses
Landlord Accreditation Scotland (LAS) is a voluntary scheme for private landlords and letting agents. Becoming an accredited landlord or letting agent demonstrates your management practices are of a high standard. The benefits include:
- discounted legal, accountancy and insurance services
- access to a network of trades including electricians and gas engineers
- discounts from national furniture, furnishing and white goods providers
Information and training sessions are run locally throughout the year and cost around 48. You must go to at least one training session each year.
- Training and information courses (pdf 358KB)
- Detailed course information - explains what each course covers (pdf 89kb)
More information about landlord accreditation is available on Landlord Accreditation Scotland's website.
For more information, or if you have any questions, please call us on 01467 534853 or email email@example.com