Private landlords - rights and responsibilities
Landlords need to be registered with us to make sure they are suitable and to protect tenants from bad practice.
As a landlord you have the right to:
- change the market rent
- agree the terms of the tenancy before it begins
- receive rent when it is due
- be advised of necessary repairs
- Be given proper notice by a tenant if they wish to leave
You are responsible for maintaining the property to a certain standard. The tenancy agreement should set out who is responsible for what repairs.
Private landlords make sure that the house meets the standards outlined set out in the Housing (Scotland) Act 2006 at the start of the tenancy and at all times during it.
As a landlord, you must inspect the house before the tenancy starts to identify any work needing done and to let the tenant know about any work. This applies to existing tenancies as well as new ones. As a landlord you must make sure:
- the property is wind and water tight and is reasonably fit for human habitation
- the structure and exterior of the property, including drains, gutters and external pipes are in reasonable repair and proper working order
- the installations in the property for the supply of water, gas and electricity and for sanitation, space heating and heating water are in reasonable repair and proper working order
- any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and proper working order
- any furnishings provided under the tenancy can be used safely
- there are enough smoke alarms: Scottish Government guidance on satisfactory provisions for detecting and warning of fires
For more detailed guidance, please see the Housing and Property Chamber website.
Once the tenancy starts, the duty only applies where you are aware that work needs to be done, for example, because the tenant has told you this. You must then carry out the work within a reasonable time.
Please also refer to our page on Safety of goods in rented accommodation - landlords and letting agencies by the department of Consumer and Trading Standards.
To check if a landlord is registered, you can either go to the Landlord Registration Scotland website or contact our Landlord Registration team.
Landlords and creditors have a duty, under Section 11 of the Homelessness act( Scotland ) Act 2003, to notify us when they raise proceedings for possession of a property or serve certain notices relating to a mortgage.
For more information or advice on the Repairs Standard contact the Housing and Property Chamber.
If you or your tenants are experiencing anti-social behaviour, you can contact our antisocial team for advice and help.