Information for private tenants

Private residential tenancy

New private rented sector tenancies, created on or after 1st December 2017, will be private residential tenancies.

The most significant change is that private residential tenancies have no fixed duration and can only be ended by the tenant giving notice, or where the landlord can prove one of 18 grounds.

Short Assured Tenancies

A short assured tenancy is a type of assured tenancy that only gives the tenant full security of tenure for a limited period of time. After this limited period, the landlord can repossess the property if they want.

From 1st December 2017, no new short-assured tenancies should have been created. Tenants whose short-assured tenancy started before this date will continue to be short-assured tenants. This is until the tenancy is ended, or if they agree in writing with their landlord to convert to a private residential tenancy.

Further advice and information on Private Rental Tenancy Types can be found at Shelter Scotland - The tenancy agreement and Scottish Government - Private renting.

Paying a Tenancy Deposit 

Private Landlords and letting agents can ask tenants for up to two months’ rent as a deposit, and they must pay that deposit into a deposit protection scheme. Landlords are not allowed to charge other fees, such as holding fees or key money.

What is a deposit used for?

The tenancy deposit is used in cases:

• There is damage to the property
• The landlord has to pay for cleaning bills after a tenant leaves the property in poor condition
• Outstanding unpaid bills, when a tenant leaves the property - utility or phone bills, etc.
• A tenant vacates a property with outstanding unpaid rent

Landlords cannot take money from a tenant’s deposit during the tenancy. Also, the deposit money cannot be used to pay for normal wear and tear, such as worn carpets and furniture.

Protecting a Tenancy Deposit 

Private Landlords and letting agents are required to protect tenants’ deposits, through a tenancy deposit scheme. This must be done within 30 working days of the tenancy starting.

It's important that private tenants get a receipt from their landlords or letting agents when paying a deposit.

Landlords and Letting Agents must tell tenants:

• The date that they received the deposit
• The date that the deposit was protected by the deposit scheme
• What scheme the deposit is in

In Scotland, there are only three tenancy deposit schemes that landlords can use. Tenants can check the following websites -

• Tenants | mydeposits Scotland
• Contact Us - SafeDeposits Scotland
• Letting Protection Service Scotland - Is my deposit protected?

Help to pay a deposit

If potential tenants are having difficulty affording a deposit, or the first month’s rent, there are schemes that can help with this. These are called deposit guarantee schemes.

Usually, you can get assistance from a scheme if you’re:

• Over 18 years of age, or
• Homeless or about to become homeless, or
• Not homeless but need to move to more suitable accommodation, or
• Employed, if you do not have the funds to secure a private let, or
• On a low income or getting benefits

The main provider of this service in Fife is Fife Private Rental Solutions. Further advice and information can be sought from FPRS directly on the contact details below:

Phone: 01592 201849

Email: info@fprs.co.uk

Web: Private Rental Solutions

Tenancy Agreement

Your landlord must give you a tenancy agreement and notes that explain the agreement. They can either:

• Use the model tenancy agreement and give you the easy-read notes
• Create their own tenancy agreement and give you the supporting notes

Your landlord cannot put anything in your tenancy agreement that takes away your legal rights.

If your landlord has not given you the right documents, you can notify them that you will apply to the First Tier Tribunal.

If they still have not provided the documents within 28 days, apply using form D from the First Tier Tribunal’s website. Please use the following link to source ‘Form D’ for completion - Rent Forms and Guidance | 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, inspections or valuations, they must give you at least 48 hours' notice in writing. They can give less notice if they need access 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 can put your rent up any time in the first year of your tenancy, and once every 12 months after that.

They must send you a rent-increase notice at least 3 months in advance of the change.

You have the right to challenge a rent increase. This can be done by applying to the First Tier Tribunal.

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.

As a private tenant, you have certain responsibilities connected with your occupation of the property, such as:

• To occupy the property as your principal home
• To pay your rent in full and on time
• Not to cause damage to the property, fixtures, fittings or furniture belonging to the landlord
• Consult your landlord before making any alterations to the property. (Written permission should be given)
• To report the need for any repairs to the landlord
• Not to cause disturbance, nuisance or annoyance to neighbours
• To allow the landlord access to the property to carry out inspections or repairs, if enough notice has been given
• To get written permission from your landlord if you intend to sub-let or take in a lodger
• To give proper notice to your landlord when you wish to leave the property

Repair Issues

When it comes to repairs with private tenancies, it is the landlord or letting agent's responsibility to carry out the repairs both to the property, and any items they have provided.

Landlords and letting agents must meet two standards when letting out properties. These standards are:

• The Repairing Standard, and
• The Tolerable Standard

More information about these standards can be found at Repair rights and responsibilities if you rent from a private landlord or letting agent - Shelter Scotland.

If you believe your property isn’t meeting the Repairing Standard and Tolerable Standard, then you must make your landlord and letting agent aware as soon as possible. The process that you should follow as a tenant on how to contact your landlord or letting agent about repair issues or property standard can be found at  Problems with repairs if you rent privately - Shelter Scotland.

If the repair is damaging your health

Fife Council Environmental Health Department can help when your landlord will not deal with repairs that are affecting your health. They can order your landlord to fix any repair problems.

Please contact privatehousing@fife.gov.uk to raise the issues with Environmental Health. Please include as much detail as possible and any evidence you may have that highlights the issue.

Landlord Registration

Private landlords must register with Fife Council before they can rent out a property. Fife Council can remove your landlord from the register if they do not behave properly.

Private tenants can check if their landlords are registered on the Landlord Registration website - Search the Scottish landlord register - Scottish Landlord Register

To search, enter your address and/or your Landlord’s Registration Number (This should be in your tenancy agreement).

If you rent from a letting agent, both your landlord and letting agent must be registered. If your landlord or letting agent is not registered then you must report this to Fife Council Landlord Registration Team. This way the team can investigate and contact your Landlord or Letting Agent to discuss getting them registered correctly.

Fife Council can also serve your Landlord or Letting Agent with a Rent Penalty Notice due to being unregistered, and that will remain in place until they become registered. Once a notice has been served, your Landlord or Letting Agent cannot charge rent until the notice has been revoked.

If Fife Council are serving a notice, you will be contacted with information regarding the notice and what this means.

Fife Council Landlord Registration Team can be contacted by emailing landlords.registration@fife.gov.uk or calling 01592 583397

To end your tenancy, you must give your landlord notice in writing. Ending your tenancy correctly means your landlord cannot continue to charge you rent after your agreed tenancy end date. It will also make it easier to get your deposit back.

If you have a Private Residential Tenancy, your notice period is 28 days. You can give this at any time.

If you have a Short Assured Tenancy, your tenancy agreement should say what your notice period is. If it does not say, usually your notice period is:

• 28 days if your fixed term was less than 4 months
• 40 days if your fixed term was more than 4 months

Make sure that the last day of your notice period is the same as the last day of your fixed term.

Ending your tenancy correctly

Step 1: before ending your tenancy

• Check your notice period. If you're sending a letter or email, allow extra time for your landlord to receive it.
• If you’re a joint tenant or live with a family member, you might need their permission before you can end the tenancy.

Step 2: write to your landlord or letting agent

• You must contact your landlord or letting agent in writing, this can be an email or a letter. You must tell them:
  • your address
  • how long your notice period is
  • what day you will move out by
• It is important to keep a copy of your letter or email. It is also advised that its best sending any letters via recorded delivery.

Step 3: getting ready to move out

• tell your utility providers and the council tax department that you're moving out, and get the final bills from them
• make sure the property is clean and tidy
• check your inventory to make sure all the items your landlord gave you are present and in good condition
• find out how to get your deposit back

Your landlord needs your permission to arrange viewings. You can refuse if it's at an unsuitable time. You should get at least 24 hours' warning before they visit the property. If you have a private residential tenancy, you should get 48 hours.

If you have been served a Notice to Leave or Notice to quit by your landlord or letting agent, there are several options available to you. The first would be to complete a Housing Options Plan.

Housing Options Plan

A Housing Options Plan can give you recommendations on suitable housing options.

You will be asked a series of questions about your current circumstances. It will take between 15-20 minutes to complete. We encourage you to consider all the options available to you.

You will be provided with your options, including advice on how to improve your current housing situation.

**Please note that this is not an application for social housing in Fife. Instructions on how to apply will be available after you complete the Housing Option Plan.**

Housing Advice Line

You can also contact us on our Housing Advice Line. You can do this by calling 0800 028 6231 or 03451 550 033.

If a Housing need is identified when you complete the Housing Options Plan, or call the Housing Advice Line, you will be contacted by one of our Housing Options Officers. They will discuss your circumstances in more detail and complete our Enhanced Housing Options process with you.

Our goal is to try and resolve the issues that have led to a notice being served and try to keep you in your own home. Where this is not possible, they will work with you to look for alternative options.

Other Helpful Organisations

• Fife Private Rental Solutions
  • The FPRS team can work with you, and your landlord, to resolve any rent or other tenancy related issue; working together to help sustain your tenancy.
  • Tel: 01592 201849
  • Email: info@fprs.co.uk
  • Web: Fife Private Rental Solutions
• Frontline Fife
  • Frontline Fife provide free, confidential and independent advice on a wide range of housing issues. The advice they provide depends on a person's situation and needs. Some of the issues they can help with include:
    • Support with housing options and homelessness
    • Advocacy with landlords to resolve issues
    • Support to address rent arrears and preventing eviction
  • Tel: 01592 800430
  • Email: info@frontlinefife.co.uk
  • Web: Homelessness, Housing Advice, Short-term Housing Support, Addictions Support (frontlinefife.co.uk)

Universal Credit

Universal Credit is a payment to help with your living costs. It’s paid monthly or, in some circumstances in Scotland, this can be fortnightly (twice a month). You may be able to get it if you’re on a low income, out of work or you cannot work.

For further information and help with making a claim, please visit Universal Credit: What Universal Credit is - GOV.UK (www.gov.uk)

Local Housing Allowance

Local Housing Allowance (LHA) is the name for Housing Benefit for private tenants.

The amount of LHA you can get depends on:

• who lives with you and how many bedrooms you need
• the area you live in
• what money you have coming in
• what savings you have

From January 2012, single claimants under 35 years old will get LHA rate for one room shared.

Please see table below for LHA Rates in Fife Payable (Weekly) for 2024-25:

Please visit our Housing Benefit page for further information on Local Housing Allowance Rates in Fife and other Local Authorities. You can also make a claim for Local Housing Allowance from here.

Discretionary Housing Payment (DHP) 

A Discretionary Housing Payment (DHP) is a short-term payment awarded to people who need help paying their rent.

To find out how to apply and for further information, please visit our Discretionary Housing Payment page.

If you think the rent increase is too high

You can apply to Rent Service Scotland. A rent officer will confirm how much the rent can be increased for your tenancy.

You must tell your landlord you’re applying. If you have a private residential tenancy, fill in part 3 of the rent increase notice and return it to your landlord.

The form to apply to Rent Service Scotland depends on your tenancy type:

• Download the form for private residential tenants
• Download the form for assured or short-assured tenants

If your landlord applies to Rent Service Scotland

They can do this if they have an increase in costs related to the tenancy. For example, if their mortgage interest payments have gone up.

They must tell you in writing that they are applying and give you information about the increased costs.

A rent officer can agree to a maximum increase of:

• 3% if your landlord gave you notice before 1 April 2023
• 6% if your landlord gave you notice on or after 1 April 2023

The increase can only start 3 months after your landlord submits the application.

If a rent officer agrees to the increase, they’ll write to both you and your landlord to tell you:

• how much the new rent will be
• when you’ll have to start paying the higher rent

If you disagree with the rent officer’s decision

You can appeal to the First-tier Tribunal for Scotland (Housing and Property Chamber).

If you got a rent increase notice during the rent freeze

There was a rent freeze between these dates:

• 6th September 2022 until 31 March 2024, if you rent from a private landlord and letting agent
• 6th September 2022 until 31 March 2024, if you rent from the council or a housing association
• 28th October until 31 March 2024, if you live in college or university halls or purpose-built student accommodation

Most rent increase notices sent between these dates will not be valid. Your landlord must send you a new notice on or after 1st April 2023.

Your landlord could apply to Rent Service Scotland to increase the rent during the freeze. In this case, a rent officer should have written to you with details of the permitted rent increase.

Cosy Kingdom

Cosy Kingdom is a free and impartial energy and debt advice service available to all tenants and homeowners across Fife.

It’s a partnership between Greener Kirkcaldy, St Andrews Environmental Network and Citizens Advice & Rights Fife.  More energy advice can be found on our Benefits and Money Advice page.

Phone: 01592 807930 between 10 AM – 3 PM Monday – Friday

Text: Text ‘COSY’ and your name to 88440

Email: info@cosykingdom.org.uk

Web: Cosy Kingdom – Stay warm, save money

Citizen Advice & Rights Fife

Citizens Advice and Rights Fife (CARF) can help you with advice and information on benefits and tax credits if you live or work in Fife.

They can also advise on council tax and housing costs, national insurance, payment of benefits, problems with benefits and future changes to benefits.

Tel: 0345 140 0095 - 10 a.m. to 3 p.m.

Web: Home | Citizens Advice and Rights Fife (cabfife.org.uk)

Fife Law Centre

Fife Law Centre are a team of solicitors who provide free legal advice and representation for the people in Fife who need it most. They can provide legal advice on a range of subjects.

Tel:  01592 786710

Email: info@fifelawcentre.co.uk

Web: Fife Law Centre

On your Doorstep Fife

On your doorstep is a website that provides information and advice on a range of topics, such as – Care & support, Health & Wellbeing and Mental Health.

Email: onyourdoorstep.fife@fife.gov.uk

Web: On Your Doorstep Fife