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Living Rent: Know-Your-Rights

You have just arrived into a flat, or have been there for a while
and are wondering what your rights are? Living Rent, Scotlands
Tenant Union provides you a quick guide through the basic
rights you should ensure are respected in your tenancy.

1. Rent, deposits and fees.

Rent: Your landlord will set the amount of rent to be paid before
your tenancy agreement begins. The rate of rent, what it covers
and when it is due should be stated in your tenancy agreement.

Deposit: Landlords and letting agents1 can ask for the

equivalent of up to two months rent for a deposit. Within 30
working days of your tenancy beginning the landlord must
notify you that they have held your deposit in one of three
approved tenancy deposit schemes in Scotland. At the end of
your tenancy, your landlord will apply to the deposit scheme to
return the deposit. The deposit scheme will contact you to see
if you agree with any deductions the landlord has taken from
your deposit. If you disagree, you can apply to the dispute
resolution process. If your deposit is not protected, you have
the right to sue your landlord up to three times the deposit paid
by raising an action in the Sheriff Court.
When you move out of your home it will be expected that it is
left in roughly the same condition as when you move in, minus
reasonable wear and tear. At the beginning of a tenancy it is
good practice for a landlord to provide an inventory outlining
the condition and contents of your home. You should make
sure this is completed accurately and even take pictures of any

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In the rest of the booklet, we refer only to landlords, but this advice is also relevant to your dealings
with a letting agent.

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problems you identify. This evidence can be useful later if
there are any disputes regarding the deposit.

Fees: Letting agency charges, for things like administration

fees, or reference checks, are illegal in Scotland. Anything a
letting agency charges you above your rent and deposit is an
illegal premium and you have the right to claim this back by
raising a simple procedure action in the Sheriff Court.

2. Eviction.

If your landlord asks you to leave, it is important to remember

you have rights and your landlord cannot simply throw you out
of your home overnight. Your rights will depend on whether you
live with your landlord and the type of tenancy you have. If you
have been asked to leave by your landlord, you should get
advice from a housing adviser immediately. They can check
your tenancy agreement and inform you about your rights and
whether or not your eviction is illegal.

3. Illegal Eviction and Harassment.

If your landlord tries to force you to leave your home without

following the correct procedures, it is a criminal offence. This
would include if your landlord attempted to make life in your
home so uncomfortable that you were forced to leave. You can
report incidents to the police. Illegal eviction or harassment is a
criminal offence under Section 22 of the Rent (Scotland) Act
1984. It is a good idea to quote this to the police if reporting an
incident.

If your landlord wants access to your home, they must give you
24-hours notice minimum in writing. The landlord must
exercise this right reasonably. If the landlord does anything
which interferes with your peace and comfort or withdraws or
withholds services which are needed in your home, this is also

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a criminal offence under the Rent (Scotland) Act 1984. If you
are concerned about harassment you should speak to a
housing adviser.

4. Housing Conditions.

Your landlord has a responsibility to ensure your home meets

the Repairing Standard. This sets out the minimum legal
physical requirements your home must meet. This includes that
the property must be wind and water tight and must be fit for
you to live in. Confronting a problem in housing conditions, you
should report any repairs to your landlord. If your landlord fails
to carry out the necessary changes, you can then apply to the
First Tier Tribunal Service. If your housing conditions are
affecting your health you can ask your local authority's
environmental health department for help. They can help you
get repairs done and in extreme cases serve your landlord with
an abatement notice ordering them to carry out repairs within a
specific period of time.

5. Where to get advice.

Shelter Scotland - www.scotland.shelter.org.uk - 0808 800 4444

Citizens Advice Scotland - www.cas.org.uk
Living Rent - advice@livingrent.org

The best way to improve your lot as a tenant is to work for the
advancement of all private tenants, by getting involved in Living
Rent. Help us put pressure on politicians, landlords and letting
agents to make the system fairer. The stronger our union, the
better it will be for tenants across Scotland. For more information go
to www.livingrent.org

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 Living Rent is Scotlands tenants
union.

We believe in the collective power of

tenants to come together to fight for
their rights, and use diverse tactics -
including direct action when necessary
- to achieve this. We are not affiliated
to any political party, but recognise the
importance of influencing parties,
politicians and holding them to
account.

Join us at www.livingrent.org/join.