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Responsibilities as a landlord if you rent out your home

If you take in a lodger or rent out your home, you will have responsibilities as the landlord. The rights of your tenant will depend on the type of tenancy they have.

The pages on taking in a lodger and letting your home explain the different kinds of tenancy your tenant could have.

Rights to privacy

As a landlord, it's important you respect your tenant's rights to live in the property. You do not have the right to enter the property without the tenant's permission (or to enter your lodger's room without permission), although you do have the right to enter if you need to carry out repair work, provided you give your tenant reasonable notice.

Even if your tenant is causing problems, be careful not to do anything that can be construed as harassment. Harassment can include:

  • cutting off water, gas or electricity supplies
  • entering the premises late at night without permission
  • behaving in an intimidating way
  • insulting your tenant because of their race, gender or sexuality.

Harassing tenants is a criminal offence - don't do it!

Communication

Communication between landlord and tenant is very important if the tenancy is to be a success. Make sure your tenant knows how to contact you, so that they can get in touch if they need to. If problems arise, for example if repair work needs done or if your tenant is falling behind with their rent, act quickly to put the situation right.

Rent

Make sure you keep a written record of all the rent your lodger or subtenant pays. You can do this by using a rent book (download an example Shelter rent book) or by keeping bank statements showing the payments made. If the rent is paid weekly, you have to provide a rent book. Read the page on charging rent to find out more.

Repairs

As a landlord, you will be responsible for repairing and maintaining the property and for getting a valid gas safety certificate each year. The section on repairs explains in more detail landlords' responsibilities in this area.

Asking your tenant to leave

If you want your subtenant or lodger to leave, you have to give them a valid notice to quit. If you try to evict them without following the correct procedure, you will be committing a criminal offence. The section on eviction explains what landlords must do if they want their tenants to leave.

Landlord registration

If you are letting out your home, you must register with your local council, unless you are specifically exempt. It is a criminal offence not to do so.

Find out more about landlord registration.

HMO regulations

If you rent your home out to three or more tenants who are not part of the same family, you will need to get a licence from the council to operate a House in Multiple Occupation, or HMO. Go to the page on HMOs to find out more about your responsibilities and read the Scottish Government's guide for HMO landlords to find out how to apply for a licence.

Further information

You can find out more about being a good landlord. For further advice and support, contact the Scottish Association of Landlords. Members of the association have access to a free telephone helpline, as well as other benefits.

Scotland map Housing laws differ between Scotland and England.
This content applies to Scotland only.
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The important points

  • You do not have the right to enter the property without the tenant's permission.
  • Communication between landlord and tenant is very important if the tenancy is to be a success.
  • Make sure you keep a written record of all the rent your lodger or subtenant pays.
  • As a landlord, you will be responsible for repairing and maintaining the property and for getting a valid gas safety certificate each year

If you're still looking for help, try searching, or find out how to contact us

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