Landlords' rights and responsibilities

This content applies to Scotland only.

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

This page provides an overview of your rights and duties if you let out property to tenants in Scotland.

Landlord registration

If you are thinking of letting your home, it is vital that you are aware of your legal rights and obligations. One of the first things you will need to do is register as a landlord with every local authority area that you let a house out in. You can find out more about landlord registration here.

Basic tenancy rights

If you choose to rent out a property, one of the essential things that you have to decide is what type of tenancy you are going to use. The tenancy agreement should be in writing and will be either a short assured tenancy or an assured tenancy, the only exception being if you are resident landlord (living in the same property as your tenant/s). If the tenancy agreement is not in writing, then it will automatically become a statutory assured tenancy, and this may mean you find it harder to get your property back when you need to.

The length of the tenancy agreement is up to you to agree with your tenant. You can agree that it should last for a set period, or you can leave it open-ended. However, the most common type of tenancy used is a short assured tenancy and this has to be at least six months in length, in the first instance.

The following points should be considered and noted if you decided to set up a short assured tenancy:

• The agreement has to be in writing and you must have served an AT5 form (this a legal document that can be downloaded here) to the tenant(s) prior to the tenancy agreement being signed.
• The length of the lease must be no less then six months.
• If the short assured tenancy is set up in the correct manner then you can go to court and get an eviction order based the very fact that the tenancy has come to an end.

If you set up the tenancy agreement incorrectly then you may find that getting your property back is harder then you initially thought. You can find out more about tenancy agreements here.

Repairs

Landlords are generally responsible for the maintenance and major repairs to a property. This includes repairs to the structure and exterior of the property, heating and hot water installations, basins, sinks, baths and other sanitary installations.

Private landlords have a duty to ensure that the houses they rent to tenants meet the repairing standard. Tenants will be able to apply to the Private Rented Housing Panel (PRHP) for a ruling that their landlord has failed to meet that duty. If the panel decides your property doesn't meet the repairing standard, they will order you to carry out the necessary work. If you don't, you could face a fine of up to £1,500.

You must keep a record of any gas safety checks and, usually, you must issue it to the occupier within 28 days of each annual check. Gas appliances must carry safety certificates from qualified engineers who are on the Gas Safe Register. For more information on your responsibilities as a landlord the Gas Safe Register is a good place to start.

By law, you must ensure that the electrical system and any electrical appliances supplied with the let, such as cookers, kettles, toasters, washing machines and immersion heaters, are safe to use. If you are supplying new appliances, you should also provide any accompanying instruction booklets. For more information on your responsibilities as a landlord, visit the NICEIC (National Inspection Council for Electrical Installation Contracting) website.

If you supply furniture or furnishings with the let, you must ensure that they meet the fire resistance requirements, sometimes known as the 'match test' in the Furniture and Furnishings Fire Safety Regulations 1988. There should be a symbol on your furniture to state that it is fire resistant, you can find out more and see examples of the labels here.

House in Multiple Occupation (HMOs)

If you are planning to let your property out to more than three unrelated tenants, you must have a House in Multiple Occupation (HMO) licence. If you are not sure whether you need a licence for your property, you should contact your local authority for advice, or visit the Scottish Government website.

There are three main areas looked into when a property owner applies for an HMO licence: the suitability of an owner to be an HMO landlord, the management of the premises, and the physical condition and facilities of the accommodation. These things must be checked before a licence is granted.

The owner of a property must make the application for an HMO licence, even if the property is to be leased to or managed by another person or organisation. If someone other than you carries out the day-to-day management of the property (for example, a letting agent), they will be named on the licence as a joint licence holder.

Neighbours can raise objections when the licence comes to renewal, so it is in your own best interests to ensure quality tenants. Always check references, and ensure they keep to their agreement to respect neighbours, tidy the lawn, and clean the communal stairs.

If you are sure that letting you property is the right route for you to take, contact your local authority for a licence application form and information about the procedure and the standards you will need to meet.

The above is just a basic outline of your responsibilities as a landlord, if you are unsure of anything or have any questions you should seek independent legal advice.