Finding & Securing Private Rental Accommodation in Scotland

Upon arriving in Scotland, you may decide to rent a property from a private landlord. You should be aware of your rights as a private tenant and make sure that both you and your landlord follow the right procedures. 

Below are a few key steps you should follow when renting property from a private landlord in Scotland:

1. Once you’ve found a property you like, ensure that it is managed by a reputable letting agent. Make sure to watch out for letting scams – these have unfortunately increased during the pandemic. All landlords are required by law to display their current landlord registration number – this shows that the landlord has been approved to let the property by the Local Authority. You can search the Scottish landlord register here. Never rent a property from an unregistered landlord. 
2. Make an appointment to view the property. Before expressing your interest in a property or signing a lease, we suggest you view the property at least once to ensure that everything is order and fully functional. If there are any issues with the property, make sure to raise these with the landlord before signing a lease so you can agree a timeline of when these issues will be dealt with. You should never have to pay to view a property. 
3. Depending on the letting agent or landlord, you will usually apply or express your interest in renting the property. You should never be required to make a payment of any kind until you sign the lease. Applications could include a statement about you or your family, references, and information about your income and employment. Please note that some letting agencies operate on a first-come-first-served basis, while others may choose to collect all the potential applications before allowing the landlord to select a prospective tenant. If the letting agent or landlord follows this screening process, it is worth including as much detail as possible to maximise your chances of securing the property. You can familiarise yourself with what a landlord can legally ask you in this Scottish Government guidance. 
4. You will pay your first months rent and deposit when you sign your tenancy agreement. Your deposit cannot be more than 2 months rent and should be held securely in a tenancy deposit scheme. This means that it is not your landlord or letting agency, but an independent organisation that holds the deposit. On your tenancy agreement, it should state what your move in date is and what the terms of the tenancy will be. Your landlord cannot ask for more than six months rent in advance. 
5. On the day you move in, you should receive an itinerary, listing every item in the property and its condition. We advise that you check the itinerary as soon as possible to ensure that all the details are accurate. Find out more about moving into your private rental accommodation, including information on the inventory and your landlord’s safety requirements.  

Below you will find several useful resources that may help you when renting a property from a private landlord.

• Citizens Advice Scotland have compiled useful resources on private renting in Scotland. It includes information on the types of private tenancies available, what to do if problems arise during a tenancy, resources on starting your tenancy – such as signing a tenancy agreements – and what to do if you are facing eviction or want to end your tenancy. 
• The Scottish Government have put together a guide on private residential tenancies. It includes information on rent and other charges, providing notice to leave your property, the 18 legal grounds for eviction, and includes a list of advice and support available to tenants. 
• Shelter Scotland provide housing advice which includes a resource section with information on finding a place to live, your renting rights, and homelessness. They also have a chat function which allows you to ask for advice directly on the website.

Tips for Renting Private Rental Accommodation in Scotland

We know that it may be difficult to secure private rental accommodation in Scotland. High high rental demand and increasing prices, especially in popular urban areas such as Edinburgh and Glasgow, may pose challenges, especially for those looking for short-term rental accommodation. You should keep in mind the following: 

• Make sure you have at least two references that you can pass on to your letting agent and/or landlord if required. It helps to have references from former landlords. If you do not yet have a credit history built up in the UK, it may help to provide a copy of your overseas credit report from Hong Kong to show prospective landlords or letting agencies that you have a history of successfully paying rent and other repayments on time. 
• Look into your credit rating or credit score. Citizens Advice Scotland have a useful page on credit ratings and what factors influence your credit rating, along with tips on how to improve your credit rating. Usually, credit reference agencies only compile information on your credit history in the country you live, so oftentimes you will not be able to move your credit history details from Hong Kong to Scotland. However, you should still ask for a copy of your overseas credit report from Hong Kong as this may help improve your credit rating. It is also worth noting that it may take some time for you to build up a UK credit history, so it is best to investigate this immediately upon arriving in Scotland. 
• If you are approaching your landlord directly or filling out an application to a rental agency, it is worth explaining your situation. For example, if a letting agency requires you to have a UK credit score, but you do not have this yet, state why this is and provide any relevant documentation that might help (such as an overseas credit report from your time in Hong Kong or information on the Hong Kong BN(O) visa scheme). 
• If you are staying in short-term accommodation, such as an Airbnb, you may be able to negotiate a lower price if you are planning on staying for a longer period of time. 

Your Rights as a Tenant Living in Private Rental Accommodation

As a tenant living in private rental accommodation, you have a series of tenant rights, such as:

• You have the right to live in your accommodation and to stop others from entering without your permission. This includes your landlord. Your landlord is only entitled to access the property if they have a good reason, such as a repair, and must give you a reasonable written notice before they access the property. Usually this is clarified in the tenancy agreement. It is almost always at least 24 or 48 hours. 
• You have the right to repair. Your landlord is obligated to keep the structure and outside of your property in a good condition so that it is wind and watertight. The property must also meet a set of basic living standards, such as having an indoor toilet, running water and electricity. Landlords must also ensure that the property has working smoke detectors and carbon monoxide alarms installed throughout – make sure to check these when you move into the property. Additionally, the landlord is responsible for maintaining the supply of electricity, gas and water in the property and must ensure that meters are working properly. You can find more information on repairs in your home here. 
• You have the right to live in a safe and secure home. This means that landlords must keep valid gas safety certificates and ensure that fire detection equipment is present in your home. This includes smoke alarms and means the property must be kept free of any fire hazards, such as dangerous wiring or furniture that is not fire resistant. You should be aware that in your landlord has extra responsibilities if you live in an HMO (house in multiple occupation) property. You can find more information on home safety – including fire, gas, and electrical safety – here.  
• Your deposit should be held securely in a protected tenancy deposit scheme. This means that it is not your landlord or letting agency, but an independent organisation that holds the deposit.
• You cannot be evicted from your property unless your landlord follows the proper eviction procedure. Illegal eviction (evicting a tenant without a lawful reason for doing so) is a serious criminal offence. This may be if your landlord changes the locks on your property, stops you from gaining access to your home, intimidates you or harasses you, removes you from the property, or cuts off your water, gas, or electricity supply. If this happens you should contact the police and collect any relevant evidence. This may be important if you decide to take your landlord to court. You may also decide to contact your local council’s landlord registration team, which may be able to help you. You will find a list of the relevant contact for each local authority here.The landlord registration team may be able to help you negotiate with your landlord, help you gain access to your property, and involve relevant authorities as required.  
• Unlike in England, tenants in Scotland do not have to undergo a right to rent check. A right to rent check is when a landlord or letting agency verifies the identity documents of a prospective tenant to ensure they are legally allowed to rent the property. Please refer to this Scottish Government guidance for more information on this. 
• In Scotland, landlords and letting agents can only ask prospective tenants to pay for rent and a refundable deposit. The deposit cannot be more than 2 months rent. In Scotland, landlords can ask for a maximum of 6-months’ rent up front. Any other charges, such as administration fees, holding fees, and credit checks, are considered ‘illegal premiums.’
• If you want to end your tenancy, you have to give your landlord at least 28 days’ notice in writing.
• If a tenant does not renew their tenancy at the end of a fixed-term tenancy, it automatically becomes a rolling tenancy. This means you do not have to sign another fixed-term tenancy. Remember to always check the terms of your tenancy carefully.
• A landlord can only end the tenancy by relying on one of the 18 grounds for eviction. If you are served with an eviction notice, make sure to check what reasons are provided for your eviction and whether they are lawful. 

FAQs

Is it legal for my landlord to ask for 12 months rent up front? 

Oftentimes, landlords ask for rent up front to minimise their risk – for example, if the prospective tenant does not have a UK credit history or a job. 

In Scotland a landlord cannot ask you for more than six months rent in advance. Note that this is different from England. A landlord asking for more than six months rent in advance could be committing a criminal offence and can be reported to the police. 

There is more information on paying rent in advance here. 

Can my landlord increase my rent?

Rents can only be increased if your landlord follows proper procedures. A landlord can increase the rent no more than once a year – tenants must be notified of this decision in writing at least three months before any rent increase is scheduled to take place. This is called a Rent Increase Notice. 

If you think the proposed increase is too high or unreasonable, you can apply to Rent Service Scotland to get a Rent Officer to review your case and decide whether the proposed increase is reasonable. This involves a form and providing some information about the proposed increase. You should fill this form out as soon as possible, as you cannot use the service if it has been more than 21 days since you received your Rent Increase Notice. Find out more about using this service here. 

How do I end my tenancy?

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

My landlord wants me to move out – can they do this and what are my rights?

Your landlord cannot just ask you to move out of your property, unless the landlord meets one of the 18 grounds for eviction. Examples include if the landlord intends to sell the property, or if the landlord or a family member want to move back into the property, but can also include rent arrears and criminal or antisocial behavior. If you are not served with one of these 18 grounds for eviction, you do not have to move out of the property. If the landlord wants to evict you, they have to follow the proper procedure. 

What do I do if my landlord breaks my rental agreement?

If your landlord breaks your rental agreement – for example by failing to carry out repairs or by harassing you – you have several options. 

1. You can complain to your local council’s landlord registration team. You will find a list of the relevant contact for each local authority here. 
2. You can choose to move out of the property, provided that you still follow the correct procedure on ending a tenancy. 
3. Contact Citizens Advice Scotland for advice – they may be able to advise on your legal options and may be able to recommend a solicitor if you decide to take court action. 
4. You can withhold rent until the problem is fixed. However, you should always follow the proper procedure when withholding rent and need to inform your landlord of this in advance. 

My landlord wants to change the terms of my tenancy. Is this legal?

Your landlord needs your express permission to add in new terms and conditions or amend existing ones. For example, if you own a pet and this is allowed under the terms of your tenancy, you do not have to accept any changes to the terms of tenancy that affect your ability to keep a pet in your property. You should always consider carefully whether to accept any changes to the terms and conditions of your tenancy.