Problems with your landlord
This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales
Your private landlord isn't registered
All landlords of private tenancies must be registered on the Scottish Landlord Register. This is to ensure their details have been checked and they are a 'fit and proper' person to let property. It's a criminal offence not to be registered unless the property is exempt.
If your landlord isn't registered and isn't exempt you will still have rights as a tenant. There are things you can do if your landlord is not registered. The landlord cannot make you leave without going through the correct legal processes. You can get more information about landlord registration on the Shelter Scotland website.
To find out if your landlord is registered, search for the property by address on the Scottish Landlord Register website.
Your landlord is renting out an unlicensed HMO
A house of multiple occupation (HMO) is a home shared by 3 or more people from 3 or more families. If you live in an HMO, your home should meet certain standards. If your landlord needs an HMO licence and doesn't have one, this is a criminal offence. You can report your landlord to the local council if they're renting out an unlicensed HMO.
Read more about your rights in a house of multiple occupation (HMO) on the Shelter Scotland website.
You don't know who your landlord is
As a private tenant you have a legal right to know who your landlord is. If you don't know who your landlord is, you can:
check what your tenancy agreement says
look up the landlord's registration on the Scottish Landlord Register
write to the letting agent to ask for the landlord’s full name and address
write to the person or organisation who last received the rent - this might be the landlord's bank.
If you’re writing to the letting agent or landlord’s bank, you should send your request by recorded delivery and keep a copy. Say that you're entitled to the landlord's name and address under the Housing (Scotland) Act 1987 section 327. If they do not reply within 21 days, it’s a criminal offence.
If you're writing to the bank you should address the letter to the manager of the branch which received the money. Find out the branch address by putting the landlord's account sort code into an online checker.
If you need to find out who the landlord is identity because you need emergency repairs, such as a burst pipe, you can ask the council to enter and carry out emergency repairs. The council can then find out who the landlord is to recover its costs from them. Find out more about getting repairs done when you're renting.
Your landlord won't give you a written tenancy agreement
Your landlord must give you a written tenancy agreement if you're:
a public sector tenant
an assured or short assured tenant
a private residential tenant.
Read more about what you can do if your landlord won't give you a written tenancy agreement.
Your landlord or agent discriminates against you
A landlord or letting agent must not discriminate against you 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 a property to you
charge you higher rent than other tenants
give you worse terms in your tenancy agreement than other tenants
treat you differently from other tenants when you use facilities, such as laundry or a garden
evict or harass you because of a characteristic you have
refuse to do repairs or make reasonable changes that would allow a disabled person to live there.
Find out more about discrimination in housing.
If a landlord or letting agent will not rent to you because you get benefits or have children
A private landlord or letting agent cannot stop you renting a home because you get benefits or have children. This is called ‘rental discrimination’. Rental discrimination is a criminal offence in Scotland.
If you’re a current tenant, your landlord cannot end your tenancy because you get benefits. They cannot ban children from living in or visiting your home.
Your landlord wants to access the property
A landlord has a right to reasonable access to inspect the property and to do repairs and maintenance.
What 'reasonable access' means depends on why the landlord needs to get access. For example, in an emergency the landlord is entitled to immediate access to carry out necessary work.
A landlord must give you notice if they want to access the property. Under normal circumstances, this must be:
48 hours - if you have a private residential tenancy
24 hours - if you have an assured or short assured tenancy.
Your landlord cannot enter your home without your permission unless it's an emergency.
Your landlord must get an access order to enter without your permission. Read about the landlord's right of entry on the First-tier Tribunal for Scotland (Housing and Property Chamber) website.
If your landlord repeatedly enters the property without giving notice or getting permission, you should first try to negotiate with them. If you need help to negotiate with your landlord, you can get advice from your local Citizens Advice Bureau.
Your landlord is harassing you
If the landlord does anything which they know is likely to make you leave the house Harassment is when your landlord interferes with your peace or comfort in your home.
For example:
repeatedly disturbing you late at night
preventing your access to the house
creating noise
disconnecting the water, gas or electricity where the landlord knows that this is likely to intimidate you.
If your landlord is harassing you, you should report it to the police by phoning 101. If you think you're in danger, call 999.
Find out how to deal with landlord harassment on the Shelter Scotland website.
It might also be discrimination if your landlord is harassing because of a protected characteristic.
Find out more about harassment and discrimination in housing.
Fees, deposits and rent in advance
Landlords and letting agents can charge a deposit of up to 2 months’ rent.
Landlords and letting agents usually ask you to pay some rent in advance. Most ask for 1 or 2 months’ rent in advance. They can ask for up to 6 months' rent.
It's against the law for a landlord or letting agent to charge you fees for starting or renewing a tenancy. For example:
fees for credit checks or reference checks
other administration fees
holding fees, key money or premiums.
Find out more about illegal fees and deposits.