Information for private landlords

This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales

Your responsibilities when renting out a property

You have certain responsibilities as a private landlord, for example:

  • starting and ending a tenancy

  • tenancy deposits

  • creating a rent increase notice for your tenant

  • dealing with disputes with tenants

  • dealing with antisocial behaviour

  • choosing a letting agent

  • repairs.

You can find information on being a private landlord on mygov.scot.

You can find private residential tenancy information for landlord on the Scottish government website.

Tenant privacy and data protection

Regulations about sharing personal information affect landlords who might need to share their tenants' information with local councils or tenancy deposit schemes.

The Scottish government has a template privacy notice that landlords can give to tenants to comply with the regulations. You could ask tenants to sign this to confirm they've received it. 

Landlord registration

Almost all private landlords who let out property in Scotland must register with the local council. It's a criminal offence to let out property without being registered. You can be fined up to £50,000.

You can register online on the Scottish Landlord Register website or through the local council.

Immigration checks by landlords in England

Landlords, including householders, in England who let private rented accommodation must do 'right to rent' immigration checks. This means checking that adults over 18 have the right to live in the UK before allowing them to rent the property.

There's no requirement on landlords of private tenants in Scotland to make these checks.

Tenant Information

You must give new tenants a tenancy agreement and supporting notes which are available on mygov.scot.

Repairs

Most private tenancies must comply with the repairing standard. This is a set of legal and contractual obligations that apply to most private landlords to ensure that a property meets a minimum physical standard.

The First-tier Tribunal for Scotland (Housing and Property Chamber) can help tenants and landlords resolve their differences, including by enforcing the repairing standard.

There's information about the repairing standards for private landlords on mygov.scot.

You can also information about repairs on the First-tier Tribunal website.

Energy efficiency

The Scottish government is going to introduce minimum efficiency standards for private rented homes.

You should check Home Energy Scotland - support for private landlords for free and impartial support and advice. Financial help might be available.

Discrimination

A landlord or letting agent must not discriminate against a tenant because of these protected characteristics:

  • disability

  • gender reassignment

  • pregnancy and maternity

  • race

  • sex

  • sexual orientation

  • religion.

These protected characteristics are covered by the Equality Act 2010.

A landlord or agent might be breaking the law if, because of a protected characteristic, they:

  • refuse to rent property to a tenant

  • charge one tenant higher rent than others

  • give a tenant worse terms in their tenancy agreement than others

  • evict or harass a tenant because of a characteristic they have

  • refuse to do repairs or make reasonable changes that would allow a disabled person to live in the property.

Find out more about discrimination in housing.

Discrimination because the tenant gets benefits or has children

A private landlord or letting agent cannot stop someone renting a home because they get benefits or have children. This is called ‘rental discrimination’. Rental discrimination is a criminal offence in Scotland.

A landlord or agent cannot stop their tenants from claiming benefits. They cannot ban children from living in or visiting the property.

You can find rental discrimination guidance on the Scottish government website.

If you're struggling with your mortgage payments

If you're struggling with your mortgage payments you should speak to your lender as soon as possible. There are also other practical steps you can take such as talking to an experienced adviser, budgeting and checking whether you can reduce your costs or increase your income.

Read more about what you can do if you're struggling with your mortgage payments.

More advice

You can get more detailed advice about your rights as a private landlord from an adviser at a Citizens Advice Bureau.

Landlords' associations

A landlords' association might also be able to help you. The Scottish Association of Landlords represents landlords and letting agents in Scotland.

Resident landlords

If you want to rent out a room in the house where you live, you'll be classed as a resident landlord. You can find information about taking in a lodger on the Shelter Scotland website.