Guide: Hou7 Rights of Private Tenants

Rights of private tenants

Who we are

Age Scotland is the national charity for older people. We work to improve the lives of everyone over the age of 50 so that they can love later life.

Our vision is a Scotland which is the best place in the world to grow older.

Our mission is to inspire, involve and empower older people in Scotland, and influence others, so that people can make the most of later life.

Our three strategic aims are to:

Help older people to be as well as they can be

Promote a positive view of ageing and later life

Tackle loneliness and isolation

How we can help

We know that growing older doesn’t come with a manual. Later life can bring changes and opportunities to your life and you may need to know about rights, organisations and services which are unfamiliar to you.

That’s why we provide free information and advice to help you on a range of topics including benefits and entitlements, social care, legal issues such as Power of Attorney, housing and much more. All of our guides are available to download for free from our website, or you can contact our helpline team to have copies posted to you for free.

The Age Scotland helpline is a free, confidential phone service for older people, their carers and families in Scotland looking for information and advice.

Later life can bring times when you just need someone to talk to. Our friendship line is part of our wider helpline and older people can call us for a chat. We’re here to listen, provide friendship and offer support.

Rights

Contents

Tenancy agreements p 1

Private Residential Tenancy

Short Assured tenancy

Other types of tenancy

Ending a tenancy p 3

Leaving a tenancy early

If the landlord wants to end a tenancy

• Short Assured tenancies

• Private Residential tenancies

• Eviction hearings

Illegal eviction and harassment

Tenancy deposits p 7

Landlord Registration Scheme in Scotland p 8

Private letting agencies p 9

Help with rent p 9

Repairs and adaptations p 10

The Repairing Standard and the Tolerable Standard

Getting repairs done

Right to adapt

Energy p 12

Gas Safety Checks

Electrical Safety

Energy Performance Certificate

Other rights for private tenants p 14

Right to pass on your tenancy to someone else

Succession to a tenancy

Advice and help p 15

Tenancy agreements

If you are a private tenant, your landlord has to give you a written tenancy agreement which should include:

• the name of your landlord and details of any agent who acts on your landlord’s behalf

• the address of the property you are renting

• how much the deposit is

• the amount of rent and how often this should be paid

• the length of the tenancy agreement (if applicable)

• your responsibilities and the landlord’s responsibilities for repairs and maintenance

• who is responsible for building and contents insurance

• whether you are allowed to have sub-tenants or lodgers

• the length of the notice you or the landlord would need to give to end the agreement.

The agreement may also include conditions about things like decorating, keeping the garden tidy or keeping pets.

There are two main types of private tenancy: Private Residential Tenancies and Short Assured Tenancies.

Rights of private tenants

Private Residential Tenancy

Private tenants whose tenancy started after 1 December 2017 will have a Private Residential Tenancy. This type of tenancy is openended, which means you can’t be asked to leave simply because you have reached the end of a fixed period.

Your landlord can only increase your rent once every twelve months, with at least three months’ written notice. If you think the increase is unfair, you can ask a Rent Officer at Rent Service Scotland to review it. You can contact Rent Service Scotland on 0300 244 7000.

If you want to end the tenancy, you must give your landlord at least 28 days’ written notice.

Short Assured Tenancy

Until 1 December 2017 most private tenancies were Short Assured Tenancies.

Short Assured Tenancies are for fixed periods, with an initial period of at least six months. Your tenancy agreement may say it will continue on a month-to-month basis after the first fixed period ends, or it may renew for a further fixed period of the same length as the first one, usually for 6 months.

Your tenancy agreement may state when and how the rent may be increased.

Other types of tenancy

If you have another type of tenancy such as an occupancy agreement, a tied tenancy (accommodation with your job), a tenancy where your landlord lives with you or you don’t have a written tenancy agreement, seek specialist advice from your local Citizens Advice Bureau or Shelter Scotland if you have any concerns.

Rights

tenants

Ending a tenancy

Leaving a tenancy early

If you want to end a Short Assured Tenancy early you should check what your agreement says about how much notice you must give. If you do end a tenancy early, you are likely to be liable for the full rent until the end of the agreement.

You may be able to agree a different notice period with the landlord or negotiate the amount you need to pay.

If you want to end a Private Residential Tenancy early you will need to give the landlord at least 28 days’ notice, unless a shorter notice period has been agreed in writing.

If the landlord wants to end a tenancy

If you think your landlord wants to end your tenancy, speak to an advice agency such as Shelter Scotland or a Citizens Advice Bureau as soon as possible. Remember to take all your paperwork with you when you go to see them. An advice agency can check whether your landlord has followed the correct procedures. They may be able to negotiate with your landlord on your behalf and help you to get legal advice. They can advise you about your rights if you are worried you will be made homeless.

Rights of private tenants

Short Assured Tenancies

If you have a Short Assured Tenancy and your landlord wants you to move out at the end of the fixed period, they must give you a Section 33 Notice giving you at least two months’ written notice and a Notice to Quit. The Section 33 notice and Notice to Quit may be separate or may be combined in one document, as long as the total amount of notice you get is at least two months.

You can only be evicted before the end of the fixed period for specific legal reasons (grounds), including rent arrears, damaging the property and causing a nuisance to neighbours. Grounds can also include the property needing major repairs that can’t be done while someone is living there, and the property being repossessed by the landlord’s mortgage provider.

Before you can be made to leave the property, the landlord must tell the First Tier Tribunal for Scotland, Housing and Property Chamber that they want to evict you. They must send you a Notice of Proceedings (also called an AT6 form), which tells you the ground or grounds the landlord is using.

Private Residential Tenancies

If your landlord wants to end your tenancy, the amount of notice they must give you depends upon how long you have lived there, and the reason they are asking you to leave.

Your landlord can only ask you to leave for specific legal reasons, some of which are called conduct grounds. These are:

• rent arrears

• no longer occupying the property

• engaging in, or associating with someone who has engaged in, antisocial or criminal behaviour

• other breaches of the tenancy agreement.

Rights of private tenants

If you have lived in the property for less than 6 months and/or the landlord is using one of the conduct grounds, the notice period is 28 days.

If you have lived in the property for more than 6 months and the landlord is not using one of the conduct grounds, the notice period is 84 days.

Eviction hearings

If you need to attend a First Tier Tribunal eviction hearing, you will receive a summons giving you the date and time it will take place. You should get at least 14 days’ notice.

It is not too late to negotiate with the landlord even at this point. Speak to a specialist advice housing advice agency if you need help with negotiations.

The hearing will look at the reason or reasons that the landlord wants you to leave the property.

For both Short Assured and Private Residential Tenancies, some of these reasons are mandatory grounds. This means that if the landlord can prove they apply to you, the Tribunal must grant an order for eviction.

The other reasons are discretionary grounds. Even if they can be proved to apply to you, the Tribunal will decide whether it is reasonable to evict you.

You cannot be evicted unless the First Tier Tribunal grants an Eviction Order.

Contact Shelter Scotland, a Law Centre, housing solicitor or your local Citizens Advice Bureau if you need legal advice and legal representation, or you want to know more about grounds for possession and First Tier Tribunal hearings.

Rights of private tenants

Illegal eviction and harassment

Your landlord should not try to evict you without following proper procedures. Changing the locks while you are out, and forcing you to leave by harassing you, are illegal ways to evict you.

Harassment could include threats or physical violence, disconnecting the electricity supply or refusing to carry out vital repairs.

If you feel you are being harassed by your landlord tell your local council; they can take legal action against a landlord who is breaking the law.

You can report harassment to the police using the non-emergency 101 number. If you feel you are in danger you should call the police on the emergency 999 number.

Tenancy deposits

Before you move into a rented property you will usually have to pay a deposit, in case of any unpaid rent, damage or breakages.

The deposit can’t be more than two months’ rent and must be placed in a Tenancy Deposit Scheme within 30 days of you paying it to the landlord.

There are three Tenancy Deposit Schemes in Scotland: Letting Protection Service Scotland, MyDeposits Scotland and Safe Deposits Scotland.

Your landlord should confirm in writing the amount of deposit paid, the date, the name and contact details of the scheme your deposit is held in and details of the circumstances in which some or all of your deposit can be kept after you move out.

If you move out and feel the amount of deposit that is kept is wrong or unfair, each of the schemes has a free dispute resolution service. They can review the evidence and decide on the amount that should be returned.

Landlord Registration Scheme in Scotland

Almost all private landlords in Scotland must be registered with the Scottish Landlord Register. There are a few exceptions, such as landlords who let their property as a holiday home or to family, landowners who let out crofting land and owners of residential care homes.

By registering, landlords agree to follow a list of guidelines which include:

• making sure the property meets the Repairing Standard and the Tolerable Standard

• ensuring the property meets current legal standards for electrical, gas and fire safety, and provides the appropriate certificates

• allowing reasonable adaptations for people who have disabilities

• taking action to deal with any antisocial behaviour

• lodging the deposit with one of the three independent Tenancy Deposit Schemes

• following the correct legal processes and providing the correct paperwork when beginning and ending a tenancy agreement

You can check to see if your landlord is registered by contacting your local council, or online at www.landlordregistrationscotland.gov.uk.

Private letting agencies

Letting agents in Scotland must join the Register of Letting Agents and follow a Letting Agent Code of Practice. They must show that they are suitable to do the job and have met the minimum training requirements.

Letting agents based outside Scotland, but who carry out letting agency work in Scotland, must also join the register.

You can check to see if you letting agent is registered on the website lettingagentregistration.gov.scot.

Help with rent

If you have a low income and modest savings, you may be able to claim Local Housing Allowance (Housing Benefit) from your council to help pay your rent. The amount you get will depend upon your circumstances, where you live and the number of bedrooms you are entitled to.

If you claim Universal Credit you may be able to receive help with rent as part of your payment.

The amount of help you receive is calculated based on the Local Housing Allowance rate for your postcode. You can check this at lha-direct.voa.gov.uk/search.aspx.

To find out more about Local Housing Allowance or Universal Credit, or for a benefit check to see how much you could claim, call the Age Scotland helpline on 0800 12 44 222.

Repairs and adaptations

The Repairing Standard and the Tolerable Standard

The Repairing Standard is the basic level of repair that all private properties must meet. Included within the Repairing Standard is another standard, the Tolerable Standard. This is the minimum standard all housing must meet for it to be legally fit for human habitation. Private rented housing must meet the Repairing and Tolerable Standards.

The property must have a proper entrance, indoor toilet, washing and bathing facilities, enough ventilation and insulation, a fresh water supply, drainage and sewerage. It must be wind and watertight, structurally in reasonable condition and, in all other respects, reasonably fit for human habitation.

The following must be in a reasonable state of repair, in proper working order and capable of being used safely:

• installations for supplying water, gas and electricity

• installations for sanitation, space heating and heating water

• fixtures, fittings and appliances

• any furnishings provided by the landlord

The property must have linked smoke and heat alarms, and carbon monoxide detectors, that comply with current laws.

Rights of private tenants

Getting repairs done

If your property needs repairs, let your landlord know in writing straight away and keep a copy of the letter, text or email.

If you have a Short Assured Tenancy, the landlord should give you 24 hours’ notice before entering the property except in an emergency.

If you have a Private Residential Tenancy the landlord should give you 48 hours’ notice before entering the property except in an emergency.

If your landlord wants to come at a time that is unsuitable, you can ask for a more suitable appointment but you should allow access as soon as possible so they can carry out the repair within a reasonable period of time.

If the repair needs major work to be done, your landlord may want you to move out rather than carrying out the repair. If your landlord asks you to do this get advice from Shelter Scotland or your local Citizens Advice Bureau.

If your home doesn’t meet the Repairing or Tolerable Standards, and your landlord won’t carry out repairs, the Housing and Property Chamber of the First Tier Tribunal for Scotland may be able to help. For more information contact Shelter Scotland on 0808 800 4444 or speak to them online at scotland.shelter.org.uk/about_us/contact_us.

Rights of private tenants

Right to Adapt

If you rent from a private landlord you have the right to adapt your home, with their agreement, if • you, or someone that lives with you, needs the adaptation because of a disability

• you qualify for a Scottish Government grant to install central heating or energy efficiency measures

The landlord can only refuse if there is a good reason, for example their mortgage lender won’t allow it.

If you need to adapt common areas of a building such as shared stairs or a shared doorway, a majority of the property owners need to consent. There only needs to be a majority of one owner, so you won’t be prevented from making the adaptation if a minority of other owners object.

Energy Gas Safety Checks

Your landlord must arrange for a Gas Safety Check to be carried out annually, by a Gas Safe registered engineer. Your landlord should give you a copy of the Gas Safety Record at the start of your tenancy, then annually, within 28 days of each check being carried out.

For more information about the Gas Safe Register, call them on 0800 408 5500 or see their website www.gassaferegister.co.uk.

Rights of private tenants

Electrical Safety

Your landlord should carry out a safety check of the electrical wiring and equipment in your property and give you a copy of the inspection report before your tenancy begins. They should carry out further inspections every five years.

You should report any problems such as:

• unprotected cables attached to the surface of walls and/or ceilings

• taped joints; exposed or loose wiring

• charring of power sockets or sparking from light switches

• frequent fusing of a power or lighting circuit

• additional sockets running off existing sockets or light fittings

• electric shocks when using appliances

You can find information about electrical safety on the Electrical Safety First website www.electricalsafetyfirst.org.uk.

Energy Performance Certificate

Your landlord must provide a free Energy Performance Certificate to new and prospective tenants. The certificate is valid for ten years; it provides information about the energy efficiency of the building and how the energy rating could be improved but the landlord does not have to make any improvements.

For energy efficiency advice see the Home Energy Scotland website energysavingtrust.org.uk/scotland/home-energy-scotland or call them on 0808 808 2282.

Other rights for private tenants

The right to pass on your tenancy to someone else

If your tenancy agreement allows it, and your landlord agrees in writing, you may be able to pass your tenancy on to someone else. This is called assignation. If you do not have your landlord’s agreement this would be a breach of your tenancy agreement.

Succession to a tenancy

If a tenant dies, the tenancy agreement usually comes to an end. However, in some circumstances, another person who lives in the property may be able to succeed to (inherit) the tenancy.

If there is a joint tenant, they automatically take over the tenancy. Spouses, civil partners, partners, family members and carers who live in the property may also be entitled to succeed to the tenancy.

Succession can usually only happen once, unless the tenancy agreement specifically says otherwise.

For more information about succession rights, contact Shelter Scotland or your local Citizens Advice Bureau.

Advice and help

The Age Scotland helpline

The Age Scotland helpline provides information, friendship and advice to older people, their relatives and carers.

If you need an interpreter call 0800 12 44 222 and simply state the language you need e.g. Polish or Urdu. Stay on the line for a few minutes and the Age Scotland helpline staff will do the rest.

You can call us on 0800 12 44 222 for a copy of our publications list or download copies from our website at www.agescotland.org.uk.

Care and Repair

Most council areas have a Care and Repair service which can help older people and those with disabilities to repair, improve or adapt their home. They provide practical assistance with grant applications, finding reputable tradespeople and co-ordinating work on your home. Some also provide handyperson services and help with small adaptations.

For details of your local Care and Repair service, see the Care and Repair Scotland website www.careandrepairscotland.co.uk, call them on 0141 221 9879 or contact the Age Scotland helpline on 0800 12 44 222.

Shelter Scotland

Shelter Scotland provides advice on a range of housing issues including homelessness, tenancy rights, repairs and Housing Benefit. Call 0808 800 4444 or visit their website scotland.shelter.org.uk.

Rights of private tenants

Citizens Advice Bureau

Citizens Advice Scotland provides free, confidential and independent advice on a wide range of topics including housing, money, benefits, employment and consumer issues. Call them on 0800 028 1456 or visit the website www.cas.org.uk.

Disclaimer and copyright information

While we aim to ensure that the information in this document is factually correct at the time of production, Age Scotland cannot be held liable for any errors or omissions. Please ensure that you have an up to date factsheet and that it clearly applies to your situation.

No factsheet can ever be a complete guide to the law, which also changes from time to time. Legal advice should always be taken if you are in doubt.

Please note that the inclusion of named agencies, companies, products, services or publications in this factsheet does not constitute a recommendation or endorsement by Age Scotland.

This guide may be reproduced in whole or in part in unaltered form with due acknowledgement to Age Scotland. Reproduction in any other form is not permitted without written permission from Age Scotland.

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Age Scotland, part of the Age Network, is an independent charity dedicated to improving the later lives of everyone on the ageing journey, within a charitable company limited by guarantee and registered in Scotland.  Registration Number 153343. Charity Number SC010100.

Age Scotland is the national charity for older people. We work to improve the lives of everyone over the age of 50 so that they can love later life.

Our vision is a Scotland which is the best place in the world to grow older.