If you are a private landlord or thinking about becoming a landlord in Scotland, there are a number of key responsibilities and things you must do before renting out your property.
Private landlords must register with their local authority to ensure that minimum legal requirements are met. Please visit the Landlord Registration website for more information.
If you are unsure, please seek legal advice on the requirements in your own particular circumstances.
The Council have also introduced a free Landlord Accreditation Scheme for Fife, which aims to improve the standards of property management within the private rented sector.
More detailed information and advice can be found by visiting the Scottish Government's Private renting website.
Key Landlord Responsibilities
- Tenancy Deposit Schemes - tenancy deposit schemes protect deposits until they are due to be repaid. Three schemes are now operating.
- Tenant Information Pack - landlords have a legal duty to provide new tenants with this pack, which provides important information to tenants in the private rented sector.
- Houses in Multiple Occupation - mandatory licensing applies to houses or flats occupied by three or more unrelated people who share bathroom or kitchen facilities.
- Repairing Standard - sets condition and maintenance standards which landlords must adhere to.
- Local Housing Allowance - Housing Benefit for tenants in private rented accommodation.
Private Rented Sector Strategy in Scotland
A Place to Stay, A Place to Call Home contains details of the Scottish Governments Private Rented Sector Strategy in Scotland, which sets out an agenda aimed at improving management standards and quality of service for tenants and prospective tenants.
Summary of important legislation relating to the private rented sector:
- Rent (Scotland) Act 1984 - introduction of regulated tenancy regime; regulation on deposits; clarification of illegal premiums; and notice to quit regulation.
- Housing (Scotland) Act 1987 - landlord’s identity requirement; and serious disrepair regulation
- Housing (Scotland) Act 1988 - introduction of assured, and short assured, tenancy regime; tacit relocation; and change to notice to quit.
- Antisocial Behaviour etc (Scotland) Act 2004 - introduction of landlord registration regulation.
- Housing (Scotland) Act 2006 - Repairing Standard introduction; Housing in Multiple Occupation regime; Tenancy Deposit Scheme regulatory framework; landlord’s right of access; and right to adapt properties.
- Private Rented Housing (Scotland) Act 2011 - changes to the registration of private landlords; amendments to the Housing in Multiple Occupation licensing regime; introduction of Overcrowding Statutory Notices; and introduction of the Tenant Information Pack.
Private Sector Newsletters
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