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Private landlords advice

Private landlords - renting your property out

If you own a house or flat and want to rent it out, there are a number of things you need to know:

Our private landlord information leaflet (PDF 342KB) explains your rights and responsibilities as a landlord renting to a private tenant.

Find out about RAAC in private housing.

Private residential tenancy

The introduction of the private residential tenancy means that it's no longer be possible to create an assured or short assured tenancy from 1st December 2017 onwards. Existing tenancies that were taken out before this date 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:

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 are 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. 

Landlord registration

All private landlords are legally required to be registered with their local authority. Find our how to register as a private landlord.

Houses in multiple occupancy

You need a house in multiple occupancy (HMO) licence if both of the following apply:

  • you want to rent your property out to 3 or more tenants
  • none of the tenants are related or part of the same family

If you want to use your property in this way you need to apply for an HMO licence.

Tenancy deposit schemes

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.

For more information about this scheme, read our tenancy deposit scheme guide (PDF 30KB). You can also view an example of an inventory report (PDF 108KB).

Illegal premium

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.

Landlord checklist

Many new landlords have come into the private sector market and there have been some recent changes to the law. Read our handy landlord checklist (PDF 76KB) listing all the things you need to consider when letting out a property.

Landlord accreditation and training

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 £69. You must go to at least one training session each year.

Legionnaires risk assessment

Landlords have a legal duty to carry out a legionnaires risk assessment on the water systems within their rental properties. The risk assessment can be carried out by the landlord if they are competent or they can instruct a suitably qualified person.

Legionnaires disease is a potentially fatal lung condition, that can be contracted by inhaling bacteria from infected water systems.

Assessor requirements

Landlords and letting agents can carry out a Legionnaire’s risk assessment themselves if the property is a single dwelling or a flat with its own water supply, hot and cold, and they are competent to do so. In particular landlords should:

  • Understand different types of water systems
  • Understand Legionella bacteria and the factors which increase the risk of an outbreak in a domestic setting
  • Understand the control measures which, if present, will reduce the risk of an outbreak within a domestic setting

Before considering carrying out a risk assessment you should familiarise yourself, in particular, with the following Health and Safety Executive (HSE) publications:

View the Legionnaire’s Disease risk assessment report template and tenants advice sheet (PDF 184KB).

If you do not consider yourself to be competent to carry out the assessment, please ask someone else who would be.

Private landlord newsletter

View our private landlord newsletter. This quarterly newsletter contains information that you need to be aware of as a landlord or agent.

Contact

For more information, or if you have any questions, please call us on 01467 534853 or email landlordregistration@aberdeenshire.gov.uk.