Private Tenants – advice and support

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. If you believe that you are living in an HMO you can check to see if your Landlord holds an HMO Licence through the HMO Register.

If you cannot find your landlords details on the HMO Register, please email details to our team: HMOUnit@aberdeencity.gov.uk 

If you have received a Rent Penalty Notice, please visit our FAQ section as this may answer any queries.

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 to the tenant, they can apply to the Housing and Property Chamber – First – Tier Tribunal for Scotland against their landlord for non-compliance with the Regulations. 

If the First-tier Tribunal is satisfied that your landlord has failed to comply, they must order your landlord to pay you up to three times the amount of the deposit. If you move out of your home before realising that your landlord has not complied with the Regulations, you will have up to three months after the tenancy has ended to make an application. 

Under most circumstances, Tenancies issued after 1 December 2017 should be Private Residential Tenancy Agreement. This is an open-ended tenancy and will last until you wish to leave the property, or your landlord uses one (or more) of the 18 grounds for eviction. If your landlord has called the tenancy something else, you will still have the protection of Private Residential Tenancy terms. 

Your landlord must provide you with written terms of your tenancy and the relevant set of notes- either electronically or as a paper copy:

• Private Residential Tenancy – Easy Read Notes for the Scottish Government Model Tenancy Agreement; or 
• Private Residential Tenancy Statutory Terms Supporting Notes 

If your landlord has not supplied you with the written terms of your tenancy, the correct supporting notes or updated terms within 28 days of a change, you can serve your landlord a notice requesting these documents. Further information visit: Private residential tenancy: information for tenants. 

It is illegal to charge tenants any fees other than rent and a refundable deposit. No other charges are permitted for items such as reference checks, credit checks and inventory fees.

Your landlord has a duty to repair and maintain the property from the tenancy start date and throughout the tenancy. A privately rented property must meet the Repairing Standard.  For more information visit: Repairing Standard.

As a tenant you should provide access to allow repairs to be carried out. Unless in an emergency, your landlord should give you at least 24 hours’ notice before a repair takes place.

If you think that your property does not meet the Repairing Standard, you can lodge an application with The First Tier Tribunal for a decision on whether your landlord has failed to meet requirements. 

Before you can make an application to The First-Tier Tribunal, you must notify your landlord that the work needs to be done and give your landlord reasonable time to complete the work. Repair requests must be made in writing as this may later be used as evidence should you have to proceed to making an application. Should your landlord fail to carry out the repairs in a reasonable timescale you can then make an application to The First-tier Tribunal who will then investigate your complaint.   
 

Please complete the Tenant Complaint form if you are having issues with property repairs and/or property management that you cannot resolve with your Landlord/Letting Agent.

Your data: private tenant complaints

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.

Contents insurance

You should buy contents insurance when renting your home if you want the contents to be insured against damage and loss. Contents insurance is designed to cover and protect all the items that belong to you and keep in your rented property. Policies vary, so read yours carefully before buying and remember, there are usually exclusions and excesses to pay.

Updating details on the Electoral Roll 

The electoral register (sometimes called the ‘electoral roll’) lists the names and addresses of everyone who is registered to vote. To update your details, visit the website. You will need to do this if you want to be able to vote in elections.

Arranging mail redirection when giving notice to end the tenancy 

To avoid missing important mail, you can arrange with the Post Office to redirect your mail to your new address. This means that you won’t miss any important documents and you will help prevent your personal details falling into the wrong hands and becoming a victim of fraud.
Arrange mail redirection

Utilities

Your landlord or letting agent should take meter readings prior to you moving into the property. However, you should take your own readings on the date you sign your lease and are given your keys and at again at the end of your tenancy. You should ensure that your utility provider is given these readings to avoid being charged for energy you did not use.
To find out who your gas supplier is phone 08706081524 or go online.

Electricity supplier information can be provided by telephoning 03450 262 554  

Legal Advice - Shelter Scotland

Renting property from a private landlord - Scottish Government Advice