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.
If you are unsure, please seek legal advice on the requirements in your own particular circumstances.
Some private landlords have also been benefiting from the mortgage payment holiday scheme that’s been put in place by the Scottish Government. This has been put in place in response to hardship caused by coronavirus. More information is available at https://www.gov.scot/publications/coronavirus-covid-19-landlord-and-letting-agent-faqs/
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.
Key Landlord Responsibilities
- Landlord Registration - private landlords must register with their local authority to ensure that minimum legal requirements are met.
- 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.
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.
- HMO New Application Form
- HMO Public Notice of New / Renewal Application
- Certificate of Compliance for HMO Licence
- Certificate and Undertaking Relating to Building Standards (HMO Licence)
- Submission of Proposed Tenancy Occupancy Agreement (HMO Licence)
- HMO Equality Monitoring Form
- HMO Guidance
- HMO Physical Standards
- HMO Tenancy Management Pack
- Avoid the chills with cheaper bills
- Cosy Kingdom Advice Leaflet
- HMO Planning Permission & Certificate of Lawfulness
- Home Energy Scotland - Fuel Bill Advice
- Landlord Guide - Child & Adult Protection
- Landlord Guide - Condensation Control
- Landlord Guide - Dealing with Deposits
- Landlord Guide - Electrical Safety
- Landlord Guide - Family Exceptions
- Landlord Guide - Fire Safety
- Landlord Guide - Houses of Multiple Occupancy
- Landlord Guide - Legionella
- Landlord Guide - Mutual Owners
- Landlord Guide - Preparing to Become a Landlord
- Landlord Guide - Private Residential Tenancy
- Landlord Guide - Repairing Standard
- Landlord Guide - Smoke Detection
- Landlord Guide - Starting your Tenancy
- Landlord Guide - Tenant Information Pack