Renting a home in Scotland: notices, deposits, repairs and factors

For a homeowner in Scotland whose property factor — the firm that manages the common parts of a tenement or development — charges unclear fees, neglects common repairs, mishandles the building insurance or does not answer. A formal complaint under the factor’s own complaints procedure: it sets out what went wrong, with dates, says why you think it breaks the factor’s duties or the Code of Conduct for Property Factors, and asks for the remedy you want. Notifying the factor in writing is required before a free application to the First-tier Tribunal for Scotland. Send it by recorded delivery or email, and keep a copy.

For a private landlord or letting agent in Scotland whose tenant has fallen behind with the rent. Before applying to the tribunal on the rent arrears ground, a landlord must meet the pre-action requirements: this letter gives the tenant clear information on the tenancy terms, the arrears period by period, the tenant’s rights in eviction proceedings and where to find free advice on money and debt, and invites them to agree a reasonable repayment plan by a set date. It never threatens to change the locks: only a tribunal order can end the tenancy. Send it by recorded delivery and keep a copy.

For a tenant in Scotland with a private residential tenancy who wants to move out. You end it by a notice in writing, given freely, that states the day your tenancy ends: more than 28 days after your landlord receives it, unless the landlord agrees in writing to a different period. Today every joint tenant must sign. The notice can ask the landlord to agree an earlier date, asks for a check-out and gives your new address. Send it by recorded delivery or by hand, or by email if your landlord agreed to email in writing; a posted notice counts as received 48 hours after sending.

For a tenant in Scotland who has moved out and is still waiting for the deposit. The letter asks the landlord or letting agent to agree within 14 days to its repayment through the approved scheme — SafeDeposits Scotland, Letting Protection Service Scotland or mydeposits Scotland — or to list any deduction with evidence, and says which deductions you dispute. If you cannot agree, either of you can ask the scheme to repay, and its dispute service is free. If the deposit was never lodged with a scheme, you can apply to the First-tier Tribunal for Scotland within three months of the tenancy ending, for up to three times the deposit.

For a tenant in Scotland with a private residential tenancy who wants to take in a lodger, or sublet a room or the whole home. The statutory terms of every private residential tenancy forbid this without the landlord’s written agreement, and breaking a term of the tenancy can be relied on as an eviction ground. The letter says what you ask for, who would move in, where and for how long, confirms you remain responsible for the rent and every term of your tenancy, and asks for a written answer within 14 days. Not for council or housing association tenants, whose tenancies have their own rules.

For a private tenant in Scotland whose home needs repairs — damp and mould, a broken boiler, leaks, faulty electrics. The tribunal’s Housing and Property Chamber publishes a free sample notification letter; this letter does the same job in full. It notifies your landlord in writing of each problem, with dated photos, reminds them that the home must meet the repairing standard throughout the tenancy, asks to arrange an inspection within 14 days and confirms you will keep paying the rent. Notifying the landlord is the step required before a free application to the First-tier Tribunal for Scotland. Send it by recorded delivery and keep a copy.

For a private landlord or letting agent in Scotland who needs to enter a tenant’s home to inspect it, carry out work to meet the repairing standard, arrange the gas safety check or an electrical inspection, or value it. The notice gives the date, time and purpose, says who will attend and invites the tenant to suggest another time. Under the tenancy’s statutory terms, a tenant gives access on at least 48 hours’ written notice, or at once in an emergency. Hand it over: a notice posted or emailed counts as received only 48 hours after it is sent.

For the end of a tenancy in England, Wales or Scotland (in Wales, an occupation contract). It records the day the keys were returned, the final meter readings, the condition of each room compared with the check-in report and anything the tenant does not accept. Signed by both — or, if the landlord or agent does not attend, completed by the tenant alone with dated photos and sent to them by email and first class post. It is the evidence the deposit scheme’s free dispute service looks at.

For landlords, letting agents and tenants in England, Wales or Scotland at the start of a tenancy — in Wales, an occupation contract. It records the condition of each room, the furniture and appliances, the meter readings, the keys and the smoke and carbon monoxide alarms, refers to dated photos, and gives the tenant seven days to add comments. Both sign it. No law requires a landlord to make an inventory (in Scotland, a letting agent who manages the check-in must), but the deposit schemes’ free dispute services rely on one when a landlord proposes deductions at the end.