Landlord Advice & Guidance

Support for Private Sector Landlords

Whether you are looking for a full assessment of your rental properties, need someone to chat through your EPC, or would like advice on funding, Home Energy Scotland can help.

Home Energy Scotland have a team of landlord specialists who are trained Domestic Energy Assessors. Advice can be provided on how to improve your property’s energy efficiency and EPC rating, making your rental property warm and cheaper to heat.

Please visit the Home Energy Scotland webpage for more information. 
 

From 1 April 2024 onwards, subject to parliamentary approval, the process for rent adjudication will temporarily be modified for one year.

Any tenant who wishes to dispute a rent increase notice can apply for rent adjudication. In such cases, Rent Service Scotland or the First-tier Tribunal will set rent based on the lowest of the following three figures:

• the open market rate
• the rent requested by the landlord
• and a comparator based on the difference between the market rate and current rent

To view the news article published by The Scottish Government on 24th January 2024 which includes a selection of illustrative worked examples of the approach that would apply under the Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024, please visit Continuing rent protection for private tenants.

The draft legislation can be viewed here The Rent Adjudication (Temporary Modifications) (Scotland) Regulations 2024.

The Scottish Government has developed an illustrative rent increase calculator to help landlords and tenants understand the amount their rent may be set at if a rent adjudication application is made based on the proposed changes from 1^st April 2024. 

Landlords in Scotland are legally required to hold an HMO Licence if they accommodate 3 or more unrelated persons who share kitchen and or bathroom facilities. It is an offence to operate an unlicensed HMO.  As a Landlord, if you are unsure if a licence is required, please contact the HMO Unit by emailing HMOUNIT@aberdeencity.gov.uk.

Further information can be found on our Houses in Multiple Occupation webpage.

Landlords have a duty to repair and maintain a rental property from the tenancy start date and throughout the tenancy. A privately rented property must meet the Repairing Standard.  

The Scottish Government has updated guidance on The Repairing Standard for properties in the Private Rented Sector. The guidance incorporates all the elements of the Repairing Standard which private landlords are required to comply with from 1 March 2024. You can read the full Statutory Guidance for Landlords here.

Jacqueline Omoniyi, Education and Training Officer at Under one Roof, has shared information from the question and answer session from the webinar hosted by Aberdeen City Council and Under One Roof in January 2024. The information can be viewed below. 

A landlord must give their tenant(s) a written tenancy agreement. The introduction of the new Private Residential Tenancy (PRT) agreement means that landlords can no longer issue/create an Assured or Short Assured tenancy agreement from the 1st December 2017 onwards. Existing tenancies that were signed before 1st December 2017 will continue as they are until they end.

The Scottish Government website provides further information about PRT’s:

• Private residential tenancies: information for landlords

The Scottish Government has produced a Model Private Residential Tenancy Agreement to assist landlords. 

When a tenant is provided with a Private Residential Tenancy Agreement they must also be provided with a copy of the Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement that explains all of the different parts of a tenancy agreement.

For information regarding ending your tenants Private Residential Tenancy please visit Private residential tenancy: information for landlords

All landlords who register with a local authority and take a deposit from a tenant must comply with requirements of the Tenancy Deposit Schemes (Scotland) Regulations 2011. 

A landlord must register the tenants deposit within 30 working days of the tenancy starting with one of the following three approved schemes: 

• My Deposit Scotland 
• Safe Deposits Scotland 
• Letting Protection Scotland

Landlords must provide tenants with information on which scheme their deposit is lodged with. If a deposit is not submitted to a scheme and information is not provided, tenants can make an application to the Housing and Property Chamber - First-Tier Tribunal for Scotland against you for non-compliance with the Regulations. 

If the First-tier Tribunal is satisfied that you have failed to comply, they will order you (the landlord) to pay the tenant up to three times the amount of the deposit paid. 
 

If your property does not meet the Repairing Standard, your tenant can apply to The First-tier Tribunal for Scotland (Housing and Property Chamber) for a decision on whether you as a landlord have breached the Repairing Standard.

Your tenant must notify you that work needs to be done in the property and give you a reasonable time to complete this, before making an application. Any repair requests from your tenant must be made in writing as this may later be used as evidence if an application is submitted. 

Should you fail to carry out repairs in a reasonable timescale your tenant can submit an application to the First-tier Tribunal who will begin investigations into their complaint. 

It is possible for Aberdeen City Council to make an application directly to the First-tier Tribunal if it appears you are failing to meet the Repairing Standard. If the First-tier Tribunal finds that you have failed to meet the Repairing Standard they will issue a Repairing Standard Enforcement Order (RSEO) requiring you to carry out the work. It is a criminal offence not to comply with a RSEO without a reasonable excuse, and to re-let a property subject to a RSEO. 

Further information available on the First- Tier Tribunal website. 
 

As a landlord you have a Right of Entry to your property to: 

1. View its state and condition for the purpose of determining whether the house meets the Repairing Standard.
2. Carry out any work necessary to comply with the Repairing Standard or Repairing Standard Enforcement Order. 

The tenant must be given the correct amount of notice before the landlord of an appointed tradesperson enters the property, unless in cases of emergency. 

Please visit the Scottish Government website for details of the required notice periods. 

If you are having difficulty accessing the property you can apply to the First-tier Tribunal for assistance. 
 

‘Cuckooing' is a term used to describe someone having their home taken over by an Organised Crime Group for the purposes of using the premises, usually to deal or store drugs. Private rentals are attractive to Organised Crime Groups, and Police Scotland has produced a factsheet for private landlords to help identify where cuckooing is happening. Find out more about cuckooing.

The letting agent code of practice sets out the standards expected of letting agents operating in Scotland.

The Code applies to every person who carries out letting agency work in Scotland.

Most letting agents offer a wide range of services to their customers. Where a letting agent provides a service set out in the Code they must ensure it is delivered in a way that meets these requirements and those of any other relevant legislation. The Code does not comprise legal advice to any party.

For further information on this legislation and to download a copy of the Code please visit the Scottish Government web page. 

Aberdeen City Council work with Landlord Accreditation Scotland and Aberdeenshire Council to ensure that everyone working in the Private Rented Sector has the opportunity to keep up to date with the ever-changing legislation relevant to landlords and agents.

To benefit from the most up to date information and to hear about how to include best practice within the day to day management of rental properties, come along to one of the training and information events.

Core information courses, including those delivered in conjunction with Aberdeen City Council, have a standard price of £84.00. However, training is offered at a discount to accredited landlords and SAL (Scottish Association of Landlords) members. Courses on the core information programme are discounted to £37.50 per course for accredited members and £45 for Members of the Scottish Association of Landlords. 

Applying for accreditation is entirely free for landlords and membership is free.

Visit Landlord Accreditation for further information on the work they do and view the training opportunities they provide. 

 

The Private Sector Unit produce a quarterly newsletter aimed at providing relevant up to date information for Private Landlords in Aberdeen. 

To be added to our mailing list, please contact LandlordRegistration@aberdeencity.gov.uk 

The Private Landlord Support Officer (PLSO) is a dedicated resource who works with Private Landlords across Aberdeen City and offers advice and guidance on tenancy management and property standards.

The PLSO can also provide the following:
•    Access to advice on good practice and legislative requirements
•    Information on other Council services and external organisations
•    The latest guidance and information available in relation to the Private Rented Sector

Additionally, the PLSO can liaise with tenants to access appropriate support and provide information on other Council services.

Please note that the Private Landlord Support Officer cannot provide legal advice.  This should be sought independently.
You can contact the PLSO by emailing LandlordRegistration@aberdeencity.gov.uk
 

Advice for Landlords
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