Tenant rights and responsibilities in Scotland

What every renter should know…

Renting a home in Scotland comes with both rights and responsibilities. Whether you’re a first-time tenant or have years of renting experience, understanding the legal framework can protect you and help maintain a good relationship with your landlord. This guide outlines the key aspects of your tenancy, including lease agreements, maintenance duties, and resolving disputes.

Understanding Your Tenancy Agreement

What is a Tenancy Agreement?

A tenancy agreement is a legal contract between you and your landlord. In Scotland, most private tenants will now have a Private Residential Tenancy (PRT), which was introduced in December 2017. It provides more security and fewer fixed terms than older tenancy types.

Key Features of a PRT:

No fixed term: The tenancy doesn’t have a set end date, but you can leave at any time by giving at least 28 days’ notice.
Rent increases: Your landlord can only increase rent once per year and must give three months’ notice.
Eviction grounds: Landlords can only ask you to leave using one or more of the 18 grounds for eviction outlined by law.

Make sure to read your tenancy agreement carefully before signing. It should include details on rent, deposit, length of tenancy, and both parties’ responsibilities.

Tenant Rights in Scotland

As a tenant, you are entitled to certain legal rights regardless of what’s written in the lease.

Key Tenant Rights Include:

Quiet enjoyment: You have the right to live in your home without unnecessary interference from your landlord.
Safe and habitable property: Your landlord must ensure the property meets the Repairing Standard, which includes structural integrity, working water and heating systems, safe electrical and gas installations, and more.
Deposit protection: If you pay a deposit, it must be lodged in a government-approved tenancy deposit scheme within 30 working days.
Information provision: Your landlord must give you a copy of the lease, the Energy Performance Certificate (EPC), the Easy Read Notes for PRTs, and details of the deposit scheme used.

Tenant Responsibilities

While you have rights, tenants also have clear responsibilities to help maintain the property and uphold the terms of the lease.

Your Key Responsibilities Include:

Paying rent on time
Keeping the property clean and in good condition
Not causing damage or nuisance
Reporting repairs promptly
Not subletting
Giving appropriate notice before leaving

Failure to meet these responsibilities could lead to deductions from your deposit or, in serious cases, eviction.

Repairs and Maintenance

Landlord Responsibilities:
Your landlord is responsible for:

Structural repairs (roof, walls, windows)
Plumbing, heating, and electricity
Fixtures and fittings they’ve provided
Ensuring smoke and heat alarms are installed and working

They must carry out repairs in a reasonable time after you report them. If they fail to do so, you can apply to the First-tier Tribunal (Housing and Property Chamber).

Tenant Responsibilities:
You must:

Take care of the property (e.g., not causing damage)
Carry out basic maintenance (e.g., changing light bulbs, unblocking drains if you’ve caused the blockage)
Report issues via Fixflo as soon as possible

Ending a Tenancy

You can end a Private Residential Tenancy by giving at least 28 days’ written notice. Your landlord must give longer notice depending on how long you’ve lived in the property and the reason for ending the tenancy.

If you’re unsure about the process, use the Notice to Leave and Notice to Quit templates available on the Scottish Government website or seek advice from a tenant support organisation.

Where to Get Help

If you’re unsure about your rights or experiencing issues with your tenancy, there are many resources available:

Shelter Scotland – shelterscotland.org
Citizens Advice Scotland – cas.org.uk
Scottish Government’s Renting Guide – mygov.scot
Housing and Property Chamber – housingandpropertychamber.scot

Knowing your rights and responsibilities as a tenant in Scotland is essential for a safe and successful renting experience. Keep records of communication, know what to expect from your landlord, and don’t hesitate to seek advice if something feels off. A well-informed tenant is a protected tenant.

For further information on our Lettings and Landlord Services, please visit our website here.

Katie Macleod
Operations and Account Manager