Private Sector Landlord - Checklist

Landlord Information Sheet

Property Condition

Feel free to provide a copy of the Private Tenant checklist with your tenant.

This information sheet is written as a guide for landlords about the Private Residential Tenancy and it is neither comprehensive nor a definitive interpretation of the regulations and is not intended to replace legislative guidance.  It is designed as an easy read document to help guide you in meeting your obligations and to help you avoid common pitfalls.  It does not cover everything.  The Scottish Government has produced detailed guidance to be read alongside the legislation and we strongly recommend you read and become familiar with the contents of both of these documents.

Tenancies that started before 1st December 2017 are likely to still have an assured tenancy and as such, different legislation may apply.  

Moray Councils Environmental Health Private Sector Housing Team are happy to support you wherever possible.  If you are unsure about what is required of you, please do not hesitate to contact us.  We can offer advice, support and in some cases, we can arrange for an inspection of your property where we can give you tailored advice specific to your property.

Any properties that you rent out, must meet set standards

If, after a landlord has been notified of any problem, it is not attended to satisfactorily or if there is disagreement about whether or not there is a problem, then tenants have the right to refer the matter to the Housing and Property Chamber First Tier Tribunal for Scotland.

Registration

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Before you rent out your property, all landlords and joint owners (as named on the title deeds) need to register with their local council.  Please be aware that tenants can search this register to see if you are registered and they can report suspected unregistered landlords to us.  Under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004, it is a criminal offence to rent out your property without being registered with your local council.  Landlords can incur fines of upto £50,000 and receive a ban on letting properties for up to 5 years so it is important to make sure you are registered.  If in doubt, call the team on  who can talk you through the process and your obligations but please be advised, except in rare circumstances, applications must be made online.   

If you employ a property agent, they will also need to be registered with the Registers of Scotland.  You can use this link to check if your agent is already registered, has been refused or if they have had their registration removed.

Tenants

Private Residential Tenancy

The Scottish Government has produced some useful information about background checks on tenants.

Landlords also have a responsibility to prevent their tenants behaving in an antisocial way in and around their homes. This means that if tenants (or their family and friends) are acting in a way that causes or is likely to cause alarm, distress, nuisance or annoyance to anyone living near their home, the landlord must take action.  Failure to act in response to antisocial behaviour may affect your landlord registration.  

Steps landlords can take include:
• investigating complaints about their tenants' behaviour
• writing to tenants to explain that their behaviour is causing concern and asking them to modify it
• giving advice on noise reduction
• asking the council to apply for an Antisocial Behaviour Order for the tenants
• going to court to get an interdict to prevent the tenants behaving in a certain way
• Threatening to evict the tenants.

If a landlord's attempts fail, they can ask Moray Councils Community Safety and Antisocial Behaviour team for help to address the antisocial behaviour.

From the 1st December 2017, the private residential tenancy came into force for all new tenancies created after this date.  

This new tenancy was developed to improve security, stability and predictability for tenants as well as offer safeguards for landlords, lenders and investors.

The new Private residential tenancy is open-ended and will last until a tenant decides to leave the let property or the landlord uses one (or more) of 18 grounds for eviction.

It is important you understand the private residential tenancy before entering into a contract with a tenant.  Scottish government has produced a guide for landlords which includes a lot of useful information about private residential tenancies which we strongly advise that you read and become familiar with its contents and understand your rights and responsibilities.

Alongside the private residential tenancy document, you must also provide a copy of either ‘Easy read notes for the Scottish Government Model Tenancy Agreement’ or the ‘Private Residential Tenancy Statutory Terms Supporting Notes’ These notes are designed to help a tenant understand their rights and responsibilities during the tenancy.  The notes you provide depends on the tenancy agreement that a landlord has used.  If a landlord does not provide the correct notes, a tenant can apply to the first tier tribunal for a ‘payment order’ so it is important that you provide the correct documents.

Deposit Guarantee Scheme

Furnished, part or unfurnished

There is no legal definition as to what constitutes ‘furnished’, ‘part-furnished’ or ‘unfurnished’ but if you are providing any items as part of the tenancy, these should be stated in your tenancy agreement.  The Scottish Government has provided some useful information that explains what you must do.

Any upholstered furniture provided by your landlord should be fire resistant. This includes sofas, armchairs, mattresses and head boards and cushions. There should be a symbol on these items to show they conform to safety standards.

If the furnishings in your accommodation do not conform to fire safety standards or seem in any way unsafe, ask your landlord to replace them. If they refuse, your local trading standards office can take action against them. And, depending on your tenancy type, you can make an application to the First tier tribunal.

Fire Safety

First Tier Tribunal