Frequently Asked Questions - Landlords

  • A: Yes. Almost all private landlords who let property in Scotland must register with their local council. It is a criminal offence to let a property without being registered, and you could face a fine of up to £50,000.

  • A: You will need to provide your contact details and keep them up to date. You will also need to provide your addresses for the past five years, the addresses of all your rental properties, and details of all other owners if it's a jointly owned property. You must also declare any criminal convictions or court/tribunal judgments.

  • A: Yes, you must let your mortgage lender know of your intention to let the property and obtain their permission before you can rent it out. They may impose special conditions, such as a slight increase in the interest rate.

  • A: If you let a property to three or more tenants who are not from the same family and who share a kitchen, bathroom, or toilet, it is likely an HMO, and you will need to apply for an HMO licence from the local council. Tenancy and Deposits

  • A: As a private landlord, you must place any tenancy deposit taken from a tenant into one of the three approved tenancy deposit schemes in Scotland within 30 working days of the tenancy starting.

  • A: You can only enter the property after issuing the appropriate notice to the tenant. Tenants have a right to quiet enjoyment of their home In the event of an emergency, a  landlord is entitled to enter the property without prior permission. 

    This includes situations such as a  suspected gas leak, a leaking pipe, structural problems, or a fire. The  landlord must act reasonably and  document the incident. If the  emergency requires urgent  attention, the landlord can enter  without notice to prevent damage or danger. However, landlords  should inform tenants as soon as  possible after entry and provide  evidence of the emergency if  challenged. It is important for  landlords to maintain a positive  relationship with their tenants and  to respect their privacy rights.

  • A: The Repairing Standard is a set of legal and contractual obligations that apply to most private landlords to ensure a property meets a minimum physical standard. This covers things like the structure, water, gas, electricity, heating, sanitation, smoke alarms, and food storage/preparation facilities. As of March 1, 2024, an updated repairing standard requires properties to have central heating, a kitchen with space to prepare and store food, and that common areas are safe and properly maintained.

  • A: For a Private Residential Tenancy, you can only increase the rent once every 12 months, and you must give the tenant at least three months' notice

  • A: You should first follow pre-action protocols for rent arrears, which include setting up a repayment plan. If rent arrears continue, and you are using a letting agent, they will typically pursue the tenant via phone and email and issue notices. For continued non-payment, you would need to give the tenant a formal Notice to Leave, and if they refuse to vacate, legal action will be required through the First-tier Tribunal for Scotland (Housing and Property Chamber).

  • A: You must give the tenant the correct legal Notice to Leave, using one of the 18 specific 'grounds for eviction' under the Private Residential Tenancy. The notice period required varies depending on the ground and how long the tenant has lived in the property. If the tenant does not leave, you must apply to the First-tier Tribunal for Scotland for an eviction order.

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Frequently Asked Questions - Tenants

  • A: The main type of tenancy for new lets in Scotland is the Private Residential Tenancy (PRT). This tenancy is open-ended, meaning it has no fixed term and continues until you wish to leave, or your landlord follows the legal process to end it.

  • A: Your landlord must transfer your deposit to one of the three approved tenancy deposit schemes in Scotland within 30 working days of the tenancy starting. At the end of the tenancy, the scheme will return your deposit, minus any deductions agreed upon by both you and the landlord.


  • A: Under a Private Residential Tenancy, your landlord can only increase the rent once every 12 months, and they must give you at least three months' written notice of any increase.

  • A: Generally, as the tenant, you are responsible for utility bills (gas, electricity, water), council tax, and telecommunications services (internet, phone). This should be detailed in your tenancy agreement.

  • A: Your landlord is legally required to ensure the property meets the Repairing Standard. This means the house must be wind and watertight, the structure and exterior must be in reasonable repair, and all installations (water, gas, electricity, sanitation, heating) must be in proper working order. They are also responsible for common parts, smoke alarms, and carbon monoxide detectors.


  • A: You are responsible for carrying out 'tenant-like' duties, which means taking reasonable care of the property and its fixtures/fittings. This includes changing light bulbs, keeping the property clean, and maintaining any private garden (unless otherwise agreed)

  • A: You should notify your landlord or letting agent immediately and in writing about any repair issues. They must then take action to fix the problem within a reasonable timeframe.

  • A: No. You have a right to 'quiet enjoyment' of your home. Your landlord or agent must give you at least 48 hours' notice before entering the property for things like inspections or repairs, unless it is a genuine emergency (e.g., fire, flood, or gas leak).


  • A: You must get written permission from your landlord before making any alterations or improvements to the property, even minor changes like painting

  • A: You must give your landlord 28 days' written notice that you intend to leave. You can do this at any time once the tenancy has started.

  • A: No. The landlord's insurance covers the building and their fixtures and fittings. You will need to arrange your own contents insurance to cover your personal belongings, such as furniture, electronics, and clothing, in case of fire, theft, or damage.