Renting a Residential Property in Scotland

Renting a property in Scotland is quite cost-effective and tenancy laws are well established. The rental market is dominated by housing associations, estate agents and private landlords.

Find top rated apartments to rent in Scotland with ratings from carefully verified residents. Get all the info you need to make an informed decision.

Residential Tenancies

In Scotland, tenancies are regulated by law to ensure security and stability for tenants. In particular, a landlord cannot ask for a holding deposit unless the tenancy starts as scheduled. The tenancy deposit must be protected through a Scottish Government approved scheme or else the landlord is legally required to return it at the end of the tenancy.

Since December 2017, new tenancies in the private rented sector are a private residential tenancy (PRT). These replace the assured and short assured tenancies that were previously available in Scotland, and provide clarity, simplicity, ease of use and appropriate safeguards for landlords and lenders.

A PRT is an open-ended tenancy that will last until the tenant wishes to leave or until the landlord relies on one of 18 grounds for eviction. It is illegal to evict a tenant without good reason.

Landlords’ Obligations

There are some legal obligations a landlord must meet when renting a property in Scotland. Landlords must register with their local council, proving they are a ‘fit and proper’ person to let the property. If they fail to do this, they could be banned from letting properties in the future and be fined.

All properties must have an Energy Performance Certificate (EPC) before they can be advertised as a rental. This rating must also be displayed inside the property.

If you are a private landlord, you must give your tenants a written tenancy agreement and easy-to-read notes about their tenancy when they move in. You must also ensure the property meets the minimum repairing standards and that any furniture in the property complies with fire regulations. Lastly, you must register any deposits taken by your tenant with an approved deposit scheme. This must be done within 30 days of the start of the tenancy. Landlords must also supply their tenants with an inventory of the property and a copy of the gas safety record.

Finding a Tenant

There are many things to take into account when renting a property. You want to find tenants who will look after your property, pay their rent and be a good neighbour to those living nearby. Tenants are becoming increasingly picky with their demands and expectations and landlords must ensure their properties are well maintained.

Some landlords and letting agents may request a deposit when a tenant applies for a property, this is usually one month’s rent but it can be up to two months in Scotland. This is to cover any breakages or damage that might occur. It is a good idea to protect the deposit by putting it into an approved tenancy deposit scheme.

If a landlord refuses to accept a deposit from a prospective tenant this is illegal. It is also illegal for a landlord or agent to charge any fees for granting or renewing a tenancy, these are known as premiums and should be challenged.

Renting a Property Dundee

When it comes to renting a property there are lots of different houses and flats to choose from in Scotland. There are great country houses to rent, quality family homes and many other types of rental accommodation.

The definition of rent as ‘payments that are lawfully due’ has a long history and it is central to the test of reasonableness which is used in court proceedings for recovery of possession on the grounds of rent arrears and the other ten discretionary grounds in Schedule 2 of the Rent (Scotland) Act 1984. It is also used in the case of protected tenancies under section 11 of that Act but is more restricted than it is for regulated tenancies.

Landlords can charge a holding deposit but it is illegal to ask for any payment which is not refundable at the start of the tenancy or if the landlord decides not to proceed with the letting. Deposits must be placed in one of the Scottish Government approved tenancy deposit schemes.