Your rights as a tenant - Short Assured Tenancy
As a tenant in a short assured tenancy, you have the following rights:
Tenancy Agreement
Your landlord must give you a tenancy agreement that states how long your tenancy is for, how much the rent is and when you should pay it. The agreement may also include terms such as:
- When the rent can be put up and by how much
- When and how your tenancy can be passed to someone else
- Whether you can leave before the end of the fixed term
Your landlord must stick to the terms of your tenancy agreement. They cannot put anything in the agreement that takes away your legal rights.
If a tenant wants to pay rent weekly, their landlord must also provide a rent book. A template of a rent book can be found on the Shelter Scotland website.
If your landlord has not given you an agreement in writing, you still have rights. You can apply to the First Tier Tribunal to make your landlord give you a tenancy agreement or rent book. Tenants should use Form G on the First Tier Tribunal’s website. In section 7a of the application form, write 'rule 68'.
Please use the following link to source Form G for completion - Forms and Guidance - Other | Housing and Property Chamber
Doing repairs and keeping your home safe
Your landlord is responsible for most repairs in your home. They must also provide:
- A gas safety certificate
- An electrical safety certificate
- Interlinked fire alarms
Giving notice for access
If your landlord needs to access your home for repairs or inspections, they must give you at least 24 hours notice in writing. They can give less notice if access is required for emergency repairs.
You can refuse access if your landlord wants to visit at an unreasonable time or turns up unannounced.
If your landlord is accessing your home without giving the proper notice, you should seek independent housing advice. This can be from organisations such as Shelter Scotland or Frontline Fife.
Giving notice of a rent increase
Your landlord cannot increase the rent during your fixed term unless you agree to it, or your tenancy agreement says it will be increased.
After the fixed term ends, your landlord can increase the rent whenever they renew your tenancy agreement.
If you think an increase is unfair, you can take your case to the First-Tier Tribunal and, if successful, the tribunal can set your rent.
If you rent from a letting agent
They must follow the letting agent code of practice. If they do something wrong, you can make a complaint to the letting agent.