An overview of rent issues
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
This section provides an introduction to paying rent to a landlord. It explains what rent includes, and what you may be able to do if you're not happy with the amount of rent your landlord asks for. It also looks at your rights if your landlord charges you for gas and electricity.
Rights and responsibilities
Rent is money paid by tenants to landlords in return for living in their property. It is normally paid weekly or monthly, although it can be paid for other periods, such as every four weeks or every three months. Usually you and your landlord will agree on the amount of rent you will pay before your tenancy starts. Your tenancy agreement should state:
- how much your rent is
- when it is due (weekly, monthly, etc)
- on which day it should be paid (for example, every Friday, or the first of the month)
- how it should be paid (for example, by standing order, direct debit, cheque or cash)
- what it covers (for example, does it include council tax or gas, electricity or phone bills?)
If you pay weekly rent, your landlord has to give you a rent book. If you don't have a rent book, keep records of your rent payments (by getting receipts or keeping bank statements and cheque stubs) in case there is any dispute. You can download the Shelter rent book here and use it to keep track of your payments.
You'll usually be asked to pay your rent in advance (for example, October's rent will be due on the first of October). This means that when you move in, you'll have to pay your first rent instalment immediately. You may be able to get help to pay your rent in advance if you can't afford it.
Setting up a rent acccount
If you have your current account, credit card and
other accounts with the same bank, it's a good idea to set up a separate account with a different bank to keep your
rent money in. This is because banks are usually within their rights to transfer money from an account that's in credit to another
account that's in debt. This is known as 'setting off' debt.
You can find out more about setting off at the MoneySavingExpert website.
Can I get help to pay the rent?
If you are on benefits or a low income, you may be entitled to housing benefit to help pay your rent.
What can rent include?
Rent usually only covers the amount your landlord charges you for living in their property. This is known as exclusive rent. Sometimes it includes money for other things, such as bills, council tax, maintenance or other services. This is called inclusive rent. If your rent is inclusive, your landlord should tell you how much goes towards other charges. If you are claiming housing benefit, these other charges will not be covered.
Who has to pay?
If you are the only person on the tenancy agreement, you are responsible for paying all the rent. If you share your home with other people, you could split the total rent and only pay a proportion of it. However, you are responsible for making sure everyone else comes up with their share, and will have to pay up if they don't.
If you have a joint tenancy (that is, if other people living with you are on the tenancy agreement as well), you are all responsible for paying the rent. If one of you does not pay, the others are responsible for paying that person's share.
What happens if I don't pay the rent?
If you don't pay your rent, you will build up a debt to your landlord known as rent arrears. There are several ways of dealing with arrears (see 'what if I can't afford the rent' below). However, your landlord could also choose to evict you.
Landlords have to follow specific legal procedures to evict tenants and must get a court order before they can force you to leave. The section on eviction explains these procedures in more detail.
What if I can't afford the rent?
If you are having problems paying the rent, get advice straight away. This could help you avoid losing your home. It's usually advisable to inform your landlord of any problems you're having. Your landlord might agree to you paying off rent arrears bit by bit. There might be things you can do to stop rent arrears building up, such as claiming housing benefit. Use the Advice Services Directory to find agencies in your area.
Find out more about rent arrears.
Can I withhold rent?
Occasionally it might be possible for you to withhold rent:
- to recoup losses you suffered which were the fault of your landlord, for example if you had to carry out and pay for repairs that were your landlord's responsibility
- to force your landlord to carry out repairs or improve services.
However, this can be a risky strategy. Find out more about withholding rent.
What if my rent is too high?
If you think the rent is significantly higher than similar properties in the area, depending on the type of tenancy you have you might be able to apply to the private rented housing panel (PRHP) to reduce your rent. However, it may not be wise to apply to the PRHP if your landlord can evict you easily, for example, if you are a short assured tenant.
If your tenancy began before 1989 you may be able to apply to a rent officer to have a fair rent registered.
What if my landlord wants to put the rent up?
Depending on the kind of tenancy you have, your landlord will probably have to follow certain procedures before they can put your rent up. The page on rent increases explains these procedures, and also has advice on what you can do if you disagree with a rent increase and want to challenge it.
Can my landlord charge me separately for gas and electricity?
Usually, when you move into a rented property, your landlord will ask you to put the gas and electricity bills in your name, so that you are responsible for paying the bills directly to the supplier. In some situations, however, your landlord may be responsible for paying the supplier, and will bill you for the electricity and gas you use.
In this situation, there are rules as to how much your landlord can charge for this:
- They can only charge you for the electricity you have used.
- They can only charge you what they themselves have been charged for the electricity.
- They cannot resell you the supply at a profit.
If you think you are being overcharged, ask your landlord to show you how your bill is calculated. If you're still not happy, contact the Energy Ombudsman.
Bear in mind that these rules only apply if your landlord gives you a separate bill for gas and electricity. If your rent includes gas and electricity (for example, you pay £100 a week, £10 of which goes towards electricity), these rules don't apply.


