Navigating the complexities of landlord disputes in Glasgow can be challenging. However, understanding the nuances of landlord-tenant law can make all the difference between lengthy litigation and quick resolutions, should problems arise.
In this article, we’ll explain the legal rights and responsibilities of both landlords and tenants in Scotland. With Jones Whyte’s Glasgow-based team of experienced landlord and tenant dispute solicitors on your side, you can be sure we have your best interests at heart.
Table of Contents
- Rights and responsibilities: Landlords
- Rights and responsibilities: Tenants
- Types of landlord and tenant disputes
- The benefits of using Jones Whyte’s professional team
- Key takeaways
- Frequently asked questions
Rights And Responsibilities: Landlords
You have the following rights and responsibilities as a private landlord in Scotland:
Legal rights
- Rent payment: Landlords have the right to rent out a property, provided it meets the legal requirements and is registered with the local council. You are entitled to fair rental payment as stipulated in the private residential tenancy agreement. In Scotland, landlords can only ask tenants to pay rent and a refundable deposit. Other charges (e.g., credit checks, holding fees, etc.) are deemed “illegal premiums”.
- Rental increase: Landlords are entitled to increase their tenant’s rent – within reason – once per year, providing you have given them at least three months’ notice via a Rent Increase Notice.
- Background checks: Landlords are entitled to carry out background checks on any new tenants before they move in. This includes running credit checks, asking for proof of identification (e.g. driver’s licence or passport) and reviewing bank statements or payslips to see if they can afford the rent.
- Right of entry: Landlords have the right to access the property for necessary repairs and inspections, provided they have given tenants 48 hours’ notice.
Responsibilities
- Registration: Landlords must register with the Scottish Landlord Register before renting a private property. It’s a criminal offence to rent out a property without proper registration; an unregistered landlord could be fined up to £50,000. Furthermore, you will need a house in multiple occupancy (HMO) Licence if you rent the property to 3+ unrelated tenants.
- Tax obligations: Scottish landlords must pay income tax on the rental income stream.
- Personal details: Landlords must provide tenants with their full name, contact details and address.
- Tenancy agreements: You must provide tenants with a tenancy agreement, either a Private Residential Tenancy Agreement or a model tenancy agreement”.
- Respect your tenants: Landlords must respect their tenants’ privacy (i.e. “peaceful enjoyment”) and not discriminate against them based on race, religion, or sexual orientation.
- Deposit schemes: You must register your tenant’s deposit with an approved government-backed deposit scheme (MyDeposits Scotland, SafeDeposits Scotland and Letting Protection Service Scotland) within 30 working days of the tenancy’s commencement.
- Regulations: You must provide tenants with an Energy Performance Certificate (EPC) and meet gas, electricity, private water supply, carbon monoxide, and other safety regulations. A Legionella Risk Assessment is also highly advised.
- Maintenance: Landlords must maintain the entire property’s structure and exterior, including but not limited to roofs, decking, drains, gutters, and external pipes. Reasonable repairs and maintenance must be carried out to ensure it is safe and habitable.
- Insurance: Landlords who rent property in a block or tenement are advised to have the appropriate building (and contents) insurance coverage in place.
- Modifications: Landlords must allow home modifications/adaptations, such as ramps and hand railings, to accommodate tenants with mobility issues.
- Mortgages and insurance: You must speak with your mortgage and insurance provider should you wish to rent out a property in Scotland. Rental agreements may impact your lenders’ contracts, and buildings and content insurance policies.
- Correct procedures: You must follow the legal procedures for various aspects of your rental agreement: if you want your tenant to leave the premises (28 – 84 days’ notice); increase rent (three months’ notice); need access for repairs and maintenance (24 – 48 hours’ notice).
Rights And Responsibilities: Tenants
The Private Housing (Tenancies) Scotland Act 2016 is the legal framework that outlines tenants’ rights and responsibilities in Scotland. Here are a few key insights:
Legal rights
- Security: Tenancies (legal agreements permitting the tenant to rent the property) are open-ended, which means landlords cannot terminate the agreement because the fixed term has ended. If tenants have lived in the property for more than six months, landlords must give a minimum of 84 days’ notice to vacate the property.
- Privacy: Tenants have the right to “peaceful enjoyment” on the rented property, meaning landlords cannot disturb you unnecessarily.
- Equality: Landlords cannot discriminate against tenants based on religion, race, sexual orientation, gender, or disability.
- Written terms: Your landlord must provide an electronic or printed written copy of your tenancy agreement alongside either the “Private Residential Tenancy Statutory Terms Supporting Notes” or an “Easy-read notes for the Scottish Government model tenancy agreement”. Tenants can apply to the First-tier Tribunal if these documents are not supplied, provided you give your landlord 28 days’ notice.
- Protection from frequent rent increases: Rent can only be increased once annually, with at least a three-month notice period. Tenants can challenge excessive rent increases through a rent officer. Local authorities can also apply to Scottish Ministers to cap the level of rental increases in certain areas.
- Safe living conditions: Tenants are entitled to live in a safe, well-maintained property. This includes compliance with gas, electricity, and fire safety regulations. An updated Energy Performance Certificate (EPC) is required, and a Legionella Risk Assessment is recommended. Furthermore, landlords must give tenants at least 48 hours’ notice when access is needed for repairs and inspections.
- Deposit protection: In Scotland, landlords must register the tenants’ deposits with an approved government-backed tenancy deposit scheme within 30 working days of the tenancy starting and provide tenants with proof.
Responsibilities
- Rent payments: Tenants must pay rent on time as stipulated in the occupancy agreement.
- Property care: Tenants are responsible for keeping the property clean and not causing any damage. Should the tenant (or their guests) damage the property, they are liable for replacements and repairs. For instance, the tenant is liable if their child breaks a window while playing football.
- Report damages: Tenants must report any property damages (e.g. faulty electronics, plumbing issues) to the landlord as soon as possible.
- Access for repairs/inspection: Tenants must grant the landlord access to the property for repairs and inspections when needed. The landlord must give at least 48 hours’ notice.
- Notice period: Tenants must give the landlord at least 28 days’ notice when wanting to vacate the property.
- Permission: Tenants must ask the landlord for permission (in writing) to sublet, decorate, or pass tenancy onto someone else.
5 Types Of Landlord And Tenant Disputes
Here are five common disputes between tenants and landlords:
1. Late payments
One of the most frequent disputes landlords have with tenants is late payment. This can lead to significant financial strain on landlords.
2. Property damage
Disagreements often occur regarding who is responsible for damage to rental properties. Tenants may argue that certain damages are due to normal wear and tear, while landlords seek compensation for these repairs.
3. Property maintenance/repairs
Tenant disputes may occur when they feel landlords have neglected standard property maintenance, such as plumbing or heating issues. On the other hand, landlords may argue that tenants did not report these issues.
4. Breach of contract
Disagreements may arise when either a landlord or tenant feels the other party is in breach of the tenancy agreement.
For landlords, these issues may include:
- Noise complaints
- Anti-social behaviour
- Subletting without permission
Tenant disputes may include:
- Landlords not upholding necessary maintenance and repairs
- Unreasonable increases in payable rent
- Unfair termination of tenancy agreements or unlawful evictions
5. Deposit deductions
Conflicts can occur over deductions from security deposits at the end of the rental agreement. Tenants may feel deductions for cleaning or repairs are unjustified, while landlords may argue they are “standard”.
The Benefits Of Using Jones Whyte’s Professional Team
Here are a few advantages of using Jones Whyte as your professional dispute resolution team in Scotland:
- Expertise: Jones Whyte’s experienced landlord and tenant dispute solicitors have decades of combined experience. We are proud of our 4.9/5 star Trustpilot rating, solidifying our position as a leading law firm in Scotland.
- Personalised approach: We understand there is no “one-size-fits-all” solution when it comes to landlord and tenant disputes, and offer tailored legal solutions for both landlords and tenants. Rest assured we’ll seek the best possible outcome for your case.
- Alternative dispute resolution: Our solicitors work tirelessly to achieve favourable outcomes for our clients without going to court. However, should alternative dispute resolution fail, we will prepare the case for court.
- Honest advice: Our landlord and tenant dispute lawyers won’t hold back in letting you know exactly what your position is in your case. We’ll provide open, honest legal advice that gives you clarity and peace of mind.
- Compliance. Our team of over 240 solicitors, legal executives, and professional business support staff are accredited by the Law Society of Scotland, ensuring your case is above board and adheres to Scots Law.
Key Takeaways
- In Scotland, landlords have the right to receive rental payments, conduct background checks on tenants before they move in, and obtain reasonable access to their property for maintenance, repairs, and inspections.
- Landlords must register their rental property with the Scottish Landlord Register or local council to ensure compliance with Scots Law. It’s a criminal offence to rent an unregistered property in Scotland, resulting in a £50,000 fine.
- Tenants have the right to safe, habitable conditions, and landlords can only increase rentals once a year.
- Tenants are obligated to pay rent on the stipulated day set out in the tenancy agreement and report any property damage promptly.
- Common landlord and tenant disputes include late payments, property damage and breach of contract.
- Jones Whyte’s experienced landlord and tenant dispute solicitors have extensive experience in dispute resolution, tenancy agreements, mediation, arbitration, tribunal proceedings, and appeals.
Jones Whyte Is Here To Help
Understanding the nuances of landlord and tenant rights and responsibilities is important for navigating disputes, should they arise. Whether you are a landlord dealing with late payments or a tenant who has wrongfully been evicted, speak with Jones Whyte’s professional team today.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
