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Your responsibilities under the common law

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

As well as giving you rights, the common law also imposes certain responsibilities on tenants. These responsibilities can be supplemented by the terms of your tenancy agreement. However, your tenancy agreement may state additional responsibilities, so it's important you stick to them as well.

Remember, your landlord can't include unfair terms in your tenancy agreement. Get advice if you suspect this is happening.

Living in the property

If you're paying rent for a property, you're probably going to want to live there. But you also have a responsibility under the common law to move in and make the property your home, rather than to leave it standing empty and neglected.

However, you should only use the property for the purpose you rented it for. For example, if you rent a place as your home, you can't then use it as a shop.

Paying rent

All tenants have to pay rent to their landlord. Rent is usually paid weekly or monthly in advance. If you pay your rent weekly you are entitled to a rent book.

It is important that you pay your rent on time. If you do not, your landlord may try to evict you. If you are having problems paying your rent, see our section on rent arrears.

Remember, if you are renting from a private landlord, they may be relying on your rent to pay the mortgage.

Taking good care of the property

It's up to you to keep the property in good condition. This can include:

keeping your home reasonably clean
keeping the furniture in good condition (allowing for normal wear and tear)
not causing any damage to the property, or arranging with your landlord to repair any damage you do cause
carrying out minor maintenance (for example, checking smoke alarm batteries and changing light bulbs)
reporting any problems to your landlord for repair (for example, blocked drains or a broken boiler)
making sure your home is kept reasonably well heated (in winter, it's particularly important that you don't let the pipes freeze up and burst)
doing your bit to keep communal areas such as the stairwell or garden clean and tidy
not making any alterations to the property without your landlord's permission.

Ending the tenancy properly

If you want to move out of the property, you can't just up and leave: you must give your landlord the correct notice. See 'what if I want to move out' in the page on common law tenancy rights.

Other responsibilities

Although these responsibilities are not laid down in the common law, they usually apply to all tenants, and will probably be included in your tenancy agreement:

Being nice to your neighbours

You, anyone living with you and anyone visiting you, should take care to behave in a way that will not cause nuisance or annoyance to your neighbours. This includes: