Private Tenants

The Private Housing (Tenancies) (Scotland) Act 2016, which takes effect from 1 December 2017, will introduce the 'private residential tenancy'. Its purpose is to improve security for tenants and provide safeguards for landlords, lenders and investors.

The new tenancy will be open-ended and will last until a tenant wishes to leave the let property or a landlord uses one (or more) of 18 grounds for eviction.

You can find Scottish Government guidance here Private residential tenancies: information for tenants.

Private residential tenancies

Any new tenancy you enter into on or after 1 December 2017 will be a private residential tenancy as long as:

• the property is let to you as a separate dwelling. A property can still be considered a separate dwelling even if some of the core facilities are shared with other tenants. For example, if a tenant rents only a bedroom in a flat, but has a right to use a shared bathroom and kitchen, the property will be treated as a separate dwelling because the tenant has access to the range of facilities required for it to be regarded as a separate dwelling
• you live in it as your only or main home
• the tenancy isn't excluded under schedule 1 of the 2016 Act

Even if your tenancy agreement is called something different, you will have all the protections of a private residential tenancy listed in this guide.

Your landlord must provide you with the written terms of your tenancy and the relevant set of notes

Your landlord must give you a written copy of all of the terms of your tenancy along with either the 'Easy-read notes for the Scottish Government model tenancy agreement' or the 'Private Residential Tenancy Statutory Terms Supporting Notes'. These can be electronic documents instead of being printed on paper.

If you're a new tenant, your landlord has to give you these documents before the end of the day on which the tenancy starts.  You and your landlord can agree to 'sign' the tenancy agreement by typing your names in the electronic document and sending it by email if you want to. If you and your landlord don't want to do this, you can agree to sign a paper copy of the tenancy agreement instead.  Your landlord can't charge you for providing written tenancy terms or the notes which they legally have to provide.

First-tier Tribunal for Scotland (Housing and Property Chamber)

You can make an application to the First-tier Tribunal if your landlord does not give you:

• a written copy of all the terms of your tenancy
• the correct set of notes to accompany your written tenancy terms
• a document explaining any updated terms of your tenancy within 28 days of the change

Before you can apply to the Tribunal, you have to give your landlord 28 days' notice of your intention to make an application to the Tribunal.

Communication

If you want to, you and your landlord can agree to contact each other by email about anything to do with your tenancy. If you agree to this, your landlord can send you important notices by email, as well as sending you emails about everyday things. This means that your landlord can tell you by email if your rent is going up, or if your tenancy is being brought to an end.  If you agree to being contacted by email, you must ensure your landlord is kept up to date with any changes to this address.  If you don't want your landlord to contact you by email, you do not have to agree to this.

Your responsibilities

Under a private residential tenancy you also have new responsibilities relating to:

• letting your landlord repair the property
• people living with you

Access for repairs

If your landlord needs access to the property you have to give them reasonable access. This includes letting them:

• carry out work when they need to or are allowed to
• inspect the property to see if any work is needed
• carry out a valuation of the property

If your landlord needs to access the property they should always give you at least 48 hours' notice, unless they need access urgently to carry out work or assess what work they are obliged or entitled to do. Your landlord should not enter the property without your consent, except in an emergency.

Residents living in the property

Unless your landlord agrees in writing, you must not:

• sublet the property (rent it out to someone else)
• take in a lodger
• give up your tenancy to someone else

If you have other people living with you in the property — like a partner, family member or carer — you must let your landlord know.

You have to tell them in writing about any person who is:

• aged 16 or over
• not a joint tenant
• living with you in the property as their only or main home

You must tell your landlord the person's name and their relationship to you. You also have to let them know if that person moves out.

Rent and other charges

The 2016 Act tells your landlord how they can increase the rent and what other charges they can make.

If you make any rent payments in cash, your landlord has to give you a written receipt saying how much was paid, the date you paid and if there is any rent outstanding.

Increasing your rent

If your landlord wants to increase the amount of rent you pay, they have to give at least three months' written notice before they can do it. They must use the correct form to let you know that they intend to do this – it's called a 'landlord's rent-increase notice to tenant(s)'.  Your landlord can only increase the rent once in a year (they have to wait 12 months before it can be increased again).

If you disagree

If you think the rent increase is too high, you can contact a rent officer. They have the power to decide what the rent for the property should be.  A rent officer can put the rent up for the property if they decide it should be higher, as well as putting it down if they think it is too high.  You can apply to the Rent Service Scotland to revew a rent increase. 

Illegal charges

Other than the rent, your landlord can ask you to pay a refundable deposit.  This deposit can be no more than two months' rent.  It's an offence for your landlord to make you pay any other:

• administration fees
• premiums
• further deposits
• additional charges, whether they're refundable or not

If you think you have been charged an illegal fee you may be able to raise an action to claim this back and the landlord may be guilty of an offence.

Ending the tenancy: notice to leave

This section contains information on what to do if you or your landlord wants to end the tenancy.

If you want to end the tenancy

You have to give your landlord at least 28 days' notice in writing if you want to end the tenancy (unless you ask for shorter notice and they agree in writing).  The notice period will begin on the day your landlord gets your notice, and ends 28 days after that date.  So if you send the notice to your landlord by post or email, you must allow your landlord 48 hours to receive it. This delivery time should be factored into the amount of notice you give your landlord.

If you give your landlord notice but then change your mind before it ends, you can ask them to continue the tenancy instead. It's up to your landlord to decide whether to agree.

To end a joint tenancy, all the joint tenants must agree to end the tenancy and sign the notice to leave. One joint tenant cannot terminate a joint tenancy on behalf of all the joint tenants.

If your landlord wants to end the tenancy

Your landlord can only end your tenancy by using one of the 18 grounds for eviction. When your landlord gives you notice to leave, they must tell you what eviction ground(s) they are using and may provide evidence to support this.

Notice needed

The amount of notice your landlord has to give you will depend on how long you've lived in the property and the grounds your landlord is using to evict you.  Your landlord must give you at least 28 days' notice if you have lived in the let property for six months or less, regardless of what eviction ground they are using.  Your landlord must give you at least 84 days' notice if you have lived in the let property for more than six months.  The notice period will begin 48 hours after the notice was sent. So if your landlord sends you the notice to leave by post or email, they must allow you 48 hours to receive it. This delivery time should be factored into the amount of notice your landlord gives you.

Eviction orders

If your landlord gives you a notice to leave and you don't move out as soon as the notice period ends, they can apply to the First-tier Tribunal for an eviction order.

Sub-tenants

If you are a sub-tenant, you will be protected from eviction unless your landlord is being evicted using certain grounds.

A sub-tenant is someone who is legally renting the property from a landlord/head tenant. The landlord must have permission from their landlord (the 'head landlord') to sub-let the property to you.

If the Head Landlord wants to bring a sub-tenancy to an end, they have to give you a 'sub-tenancy notice to leave', which includes a copy of the notice they gave your landlord/head tenant.

The Head Landlord must give you at least 28 days' notice if you've lived in the property for six months or less, or 84 days' notice if you've lived there for more than six months.

Grounds for eviction

There are 18 different grounds (reasons) for eviction. If your landlord wants you to leave the property at least one of these grounds must be given.

If you refuse to leave your landlord can apply to the First-tier Tribunal for an eviction order under these grounds.

Protection from wrongful termination

If your tenancy has ended and you think you were misled into leaving, you can apply to the First-tier Tribunal for a 'wrongful termination order'.

The Tribunal may make a wrongful termination order if it decides that your landlord:

• misled the Tribunal into issuing an eviction order it shouldn't have
• wrongly made you leave the property

If your landlord gets a wrongful termination order, they'll be told to pay you compensation of up to six months' rent.

Sources of advice and support

If you are unsure of your rights and responsibilities as a tenant you should get advice as quickly as possible. You may be able to get this from an organisation which gives advice on housing matters such as your local authority, Shelter Scotland or your local Citizens Advice Bureau, or from a solicitor (you may get legal aid depending on your income).