Advice for private landlords
Before letting a property
New Scottish Private Residential Tenancy (PRT)
From 1 December 2017 the new 'Scottish Private Residential Tenancy' replaces both the current Short Assured and Assured tenancies. It simplifies the lettings process for both tenants and landlords.
Key changes are to:
- the length of tenancy, which will be open ended rather than six months
- the administrative responsibility of providing a tenancy agreement
- the process for eviction.
All tenancies created on or after 1 December 2017 are considered a Scottish Private Residential tenancy. Existing short assured and assured tenancies are unchanged, unless there is material change to the tenancy agreement (a change of the terms etc).
More information for landlords is on the Scottish Government's website.
Scottish Housing and Property Chamber - First Tier Tribunal
Together with the new PRT, the newly established 'First Tier Tribunal' replaces Scotland's Private Rented Housing Panel. The Tribunal will now consider all complaints and applications for evictions from private tenancies.
More information is on the Housing and Property Chamber website.
Landlord registration
You need to register as a landlord.
Marketing
When marketing your property, your advert must include your landlord registration number and the Energy Performance Certificate (EPC) rating.
Tolerable Standard
The Tolerable Standard is the legal minimum standard for habitable properties. It ensures that all dwellings meet basic standards of public health, comfort and safety. If the Environmental Health Public Health Team receive a complaint or concern from a resident, they may inspect the property to see if it meets the Tolerable Standard.
Repairing Standard
You must:
- carry out a pre-tenancy check of your property to identify work required to meet the Repairing Standard, and notify tenants of any such work.
- repair and maintain your property from the tenancy start date, and throughout the tenancy.
- inform tenants in writing about the Standard before the start of any new tenancy.
If a tenant believes you have not complied with the Repairing Standard, or if there is a disagreement about whether or not there is a problem, then they can refer the matter to the First Tier Tribunal. The Tribunal can require you to carry out work necessary to meet the standard.
Gas Safety Certification
Before any new lease starts, you must make sure that all gas appliances and flues have a Gas Safety Certificate dated within one year before the start of the lease date, unless the appliances have been installed for less than 12 months. In this case they should be checked within 12 months of their installation date.
You then must ensure that annual safety checks are carried out, and the records kept and issued to tenants. More information is on the Health and Safety Executive website.
During letting
Antisocial behaviour
You must take responsibility for the behaviour of your tenants. In serious cases of disturbance, the council may serve you with a formal Antisocial Behaviour Notice. It is a criminal offence to not carry out the terms of an Antisocial Behaviour Notice.
Threat of homelessness
You must inform us of any households facing the threat of homelessness through eviction. This allows us to contact affected households with the offer of appropriate support, including money advice. Failure to comply could be taken into account when we consider an application for landlord registration.