Tenancy agreements
This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales
What is a tenancy agreement
A tenancy agreement is a contract between you and your landlord. In most cases your landlord must give you a written tenancy agreement. The tenancy agreement explains all the terms of the tenancy, for example:
your landlord’s name and the address of the property
the amount of rent and when it should be paid
what the rent includes - for example, council tax or fuel
how to end the tenancy.
You also have rights given by law. Your tenancy agreement cannot take these away. The tenancy agreement should be signed by all tenants and your landlord. If there are joint tenants, each tenant should receive a copy of the agreement.
If you have a private landlord, they can use the model tenancy agreement on the Scottish government website.
Your agreement might say you have a different tenancy type what you actually have. The tenancy you have depends on your situation, not what your agreement says.
Check what type of private tenancy you have.
Check what type of public sector tenancy you have.
Getting a written tenancy agreement
In most cases your landlord must give you a written tenancy agreement. If your tenancy began after 1 December 2017 and you rent from a private landlord, your landlord must also give you a pack of 'easy read notes' or 'supporting notes'. These explain your rights and responsibilities along with your tenancy agreement.
Find out more about the supporting notes on the Scottish government website.
If your landlord refuses to give you the right documents, you could get compensation at the First-tier Tribunal (Housing and Property Chamber). You should get advice if you want to applying to the First-tier Tribunal. Find out how to get advice from your local Citizens Advice Bureau.
Implied terms of tenancy agreements
You have certain rights and responsibilities given by law, even if they’re not included in your tenancy agreement. These are called implied terms.
Some of the most common implied terms are:
your landlord must carry out basic repairs
you have the right to live peacefully in the accommodation
you must not cause damage to the property
you should provide access for repairs.
Your rights covered by law might be different depending on the type of tenancy you have. Your tenancy agreement cannot have terms that take away your rights given by the law. These terms cannot be enforced.
Other documents your landlord should give you
Before or at the start of your tenancy, your landlord must give you:
a gas safety certificate
an electrical safety report
an energy performance certificate - unless you live in some types of shared home.
If you’re having problems getting documents or information from your landlord, you can get help from your local Citizens Advice Bureau.
Energy performance certificates
A landlord must normally give you an Energy Performance Certificate (EPC) before you start a new tenancy. The EPC rating should also be on the advert to rent a property.
Some types of accommodation do not need an EPC, for example a:
room in someone's home
shared house let with more than one tenancy agreement
hall of residence
hostel
residential care home.
The EPC shows you the energy performance of the property you're thinking about renting. An advert to rent a property must show the EPC rating.
If a landlord does not provide an EPC, Trading Standards can issue a notice with a penalty charge of £500. Find out more about reporting a problem to Trading Standards.
Fees, deposits and rent in advance
Landlords and letting agents can charge a deposit of up to 2 months’ rent. Your deposit should be registered in a tenancy deposit scheme.
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.
Changing the tenancy agreement
A tenancy agreement can only be changed if both you and your landlord agree. If you both agree, the change should be made in writing. You can amend the existing written tenancy agreement or get a new one.
Ending a tenancy agreement
How your or your landlord can end your tenancy agreement depends on the type of tenancy you have.
Read more about ending your tenancy.
Read more about how a landlord can end your tenancy.
Discrimination in tenancy agreements
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.