For detailed information on privately renting a property and tenants rights and responsibilities please visit Shelters website, http://scotland.shelter.org.uk or Better Renting Scotland http://betterrentingscotland.com
When you have decided to rent a flat, it is important to make an inventory of all the items supplied by the landlord and note any faults in them. Check all the furnishings for marks/ stains/ chips etc and tell the landlord before you move in. If something is not in good working order, inform your landlord and ask for it to be replaced before you move in.
It is also important to check the facilities- find out who provides the gas and electricity as some companies are more expensive than others, ensure that the plumbing and central heating are satisfactory and be sure to check that there is a secure entrance to the flat (including checking all the windows and locks). By law, landlords are obliged to fit mains operated smoke detectors so make sure that this has been done.
Have a look round the whole building- check all entrances and locks, note the state of the hallway, whether there is adequate lighting and check for things like rising damp and condensation. Should anything come to your attention, inform your landlord and be sure to ask about what the arrangements are in the case of something breaking down. It is the tenant’s right to live in safe habitable accommodation- don’t move in until the problem has been sorted.
Full time students are exempt from paying council tax in private accommodation but be aware that you are not automatically exempt. Upon moving into a new property you must fill out a ‘Council Tax Exemption’ form (available from the Information and Advice Centre in The Hub).
Do be aware that if you are sharing your flat with a non student then they will be liable to pay council tax. This will not be your responsibility providing you submit your exemption form to the Council. Persons who do cohabit with students have a reduction of 25% on the council tax bill.
It is the landlord’s duty to ensure that their property reaches the standard of repair as set out in the Housing (Scotland) Act 2006. As such, properties must be wind and watertight, they must not suffer from damp or condensation and installations must be in proper working order.
If you have a problem then do not hesitate in contacting your landlord to inform them of the required repairs. If your landlord refuses to carry out the repairs or for whatever reason ‘does not get round to it’ then you should write a dated letter to him, detailing the problem and giving him a deadline to get it fixed. Should you need any help in constructing this letter, pop into the Info & Advice Centre where one of our assistants will give you a hand.
In the event that the repairs are still needing done, short-assured tenants can appeal to the Private Rented Housing Panel (PRHP). They will investigate claims and if your landlord is found to have evaded his responsibilities, the PRHP can enforce them to carry out the necessary repairs. See www.prhpscotland.gov.uk/prhp/1.html for more details.
You will generally find that most landlords ask for a deposit at the start of the contract- usually equivalent to one months rent but not exceeding two. It is a way of safeguarding against unpaid rent, bills and damage to the property.
Most landlords ask for a returnable deposit to cover any damage to the property or its contents, or any unpaid bills at the end of the tenancy.
The treatment of deposits can often lead to problems, so you should make sure the arrangements are clear at the start. The deposit should not be requested before the tenancy is signed, and you should always get a receipt. Keep it somewhere safe until the end of the tenancy.
You should get information in writing on what the deposit covers, and what you should do at the end of the tenancy to ensure it is returned in full (for example, clean the property before leaving, forward copies of all final bills showing payment.)
At the end of the tenancy, the landlord should return the deposit as soon as possible after these things are completed. If any deductions are made from the deposit, ask for a written statement showing the reason for the deduction. (Better Renting Scotland)
Moving Out
If a Short-Assured Tenant does not wish to remain in the property when the lease expires, they must give 40 days notice. For tenancies that have rolled on a month to month basis, it has to be 28 days notice.
Common Law Tenants must give four weeks notice if they want to leave. If the lease is for a year or longer, tenants will have to give 40 days notice.
Eviction
If a Short-assured Tenant does not break any terms of their contract, a landlord can only apply for repossession of a property at the end of the lease, and they must go through the correct procedures. The landlord must:
Common Law Tenants must be given at least four weeks written notice in which to leave the property.
Tenants who wish to leave a property before the end of their lease will need to first check their contract to see if the lease says anything about leaving early and if so, how much notice is required? If there is nothing in the contract, you should check with the landlord whether they will allow you to be released from your contract early. If not, they may agree that you can leave as long as you find a replacement tenant.
Students should remember that problems like the ones listed above are rare, and
the majority of landlords are professional in their dealings with letting property. If however you are unfortunate to experience any problems, then it is important that you speak to a housing advisor for further guidance on the matter.