Long Term Rental

This page explains your rights if you have a rental insured with a private owner or real estate agency.

You probably have a secured rent if you are renting a house to a landlord or real estate agency and:

  • Your rental began after January 2, 1989 and
  • Before starting the rent you were not provided with an AT5 form stating that your rent is a short-term insured lease and,
  • You are renting the property as a house and,
  • Is your main dwelling.

You do not have to have rented the entire property, you may have rented a single room or part of the property. However, if you are sharing the property with the owner you do not have a rent insured.

What’s New?

 Rental agreements

You have the right to a rental agreement which must include:

  • How long will your rental last?
  • What is the amount of income you are going to pay and when will you have to pay it?
  • Whether the rental price can rise and how it will be determined.
  • Who is responsible for the decoration and repairs inside and outside the property.
  • Any condition or restriction on the use of the property, such as, no pets or smokers.
  • You have the right to have your rent fixed by the housing rental panel (PRHP).

Some of your rights will be established by law and others by your rental agreement. It will always be better and safer for you and your landlord to have a written lease, since it will help avoid any confusion. If you do not have a written lease, you should seek advice. If your landlord refuses to give you a written lease you can be forced by the court to give you one. In addition to your rights you also have some responsibilities as a tenant. If you do not pay attention to your responsibilities you may find yourself in the position of being expelled.

If you live with two or more tenants who are not members of the same family, your landlord will need to have a multiple occupancy home (HMO) license granted by your local municipality. This gives you some additional rights.

 What is the duration of my rental?

Your rental agreement will tell you how long it will last. At the end of that time period, your rent will be automatically renewed unless:

  • Give your landlord a written notice that you want to leave your rental at the end of the lease agreement;
  • Your landlord gives you a written notice that you want to leave the rental because you have broken any conditions in the rental agreement.

Your landlord can not ask you to leave the rent only because it has reached its deadline. Your landlord needs to have a specific reason to ask you to leave the rental. The eviction section of insured rentals explains when your landlord may ask you to abandon your rent .

If neither you nor your landlord have given notice of the end of your rent, you will authorize for the same amount of time duration as the previous time. Example: if it was six months, it will be repeated for another six months. However, if the rent lasted for more than one year, it will only be renewed for a duration of one year.

 Deposit systems for rentals 

The owner or real estate agent must register your deposit with a deposit system for rentals within 30 business days from the start of your rental.

You have more information in this post: Rental deposit

 Information packs for the tenant

The owner must provide you with a pack of information for the tenant .

The tenant information pack provides information on the condition of the property, rental agreements and the rights and responsibilities of landlords and tenants. If your landlord does not provide you with the information pack for the tenant at the start of your rent they can be fined £ 500.

 What if I want to leave my rent?

Before you can leave the rent, you must give notice to your landlord.

If you want to leave before the rental end date ends, you should check if it is possible that you can do so. So that you can, you must have been exposed in your rental agreement. If you are, you must also provide information on how far in advance you have to notify the owner. If it is not mentioned in the rental agreement, you should be able to reach an agreement with your landlord. If this is not possible, you must give notice specifying that you want to leave the rental when it is finished.

The minimum time you should give notice of your intentions is (if the notice has not been notified in the lease):

  • 28 days if your initial rental was less than four months.
  • 40 days if your initial rent was for a period of time of more than four months.

The minimum amount of time you need to leave the notice will vary depending on the length of time your rental lasts, not how long you have been living on the property.

If you leave the property without leaving a notice, or before your ad runs out, you are still responsible for the property and rental income. If your landlord takes legal action against you for unpaid rents, you could be liable for any legal costs you have to pay.

 Can my landlord enter my house without warning?

No. Your landlord can only access your home on the occasions when it has been agreed upon with you. There are special rules if the landlord needs to come in for repairs, or inspect the conditions in which the property is located.

He, or anyone acting on your behalf, must notify you at least 24 hours before they appear on the property. If you do not want your landlord or someone working on his behalf to show up at your house, you must let him know.

However, in extreme circumstances, your landlord may ask a court to issue an order saying that you must let them in.

How can I get the repairs done?

Your landlord is responsible for maintaining the property in conditions that are safe and pleasant to live in. It is also responsible for ensuring that the necessary basic repairs or repairs are carried out. This basic level of repairs is required by law. Your landlord should give you information about these standard repairs and what you can do if your home does not meet those minimum conditions. The section on repairs will explain what you can do if your landlord does not take care of the repairs.

If you want to carry out any of these actions at home, such as redecorating or installing a second telephone line, you must have permission from the homeowner first. Some lease agreements may include a clause explaining whether you can carry out this kind of action. Either way, you should always talk to the owner before doing something like that.

How can I find the name and address of the owner?

If your rent is from a real estate agency, you have the right to have access to the information about who owns the property. Request your name and address from the agency in writing. You should receive this information within 21 days. It is a crime that the owner or the real estate agency does not give you this information. If the owner changes his address or name, you should have the new information after these two dates:

  • Before the day on which the rent must be paid, or
  • Within two months after the change.

Can I sub-rent the house or host or receive a tenant?

Your rental agreement should explain if you can sub-rent part of your property . If it is not mentioned in your rental agreement, you should ask the landlord if you have permission to do so. Even if your rental agreement specifies yes.

Can I pass on my rent to someone else?

There may be a clause in your rental agreement that tells you if you can transfer your rent to another person. It is commonly known by the name of “assignment”. You can also explain what you need to do before performing that action.

If you cannot find this clause in your contract, you must have your landlord’s permission first.

The owner to deceased

If your landlord dies, the new landlord will have the terms of your rental agreement. This means that you will not be able to get expelled without a good reason (for example, you have not been paying the rent or because the rental deadline has expired), and it will not be possible to raise the monetary amount to pay for rent Unless you follow the proper procedures .

What happens to the rent if a tenant dies?

If the tenant dies, you can take the rent if:

  • The tenant was your husband, wife or partner.
  • The tenant was someone who was living with you as a husband, wife, or domestic partner.

This is called succession.

There are some restrictions for a succession:

  • You must have been living on the property as your sole and principal dwelling when the tenant died.
  • The rent can only be transferred by succession once.

The landlord may ask you to leave the property, but only if they do so within the time period corresponding to one year from death or one year after finding out that the tenant has died.

If the rent cannot be transferred, the landlord may be willing to make a new rental agreement with someone who is living on the property.

Shelter Scotland website has more information about it

 What if I have a complaint?

If you have a complaint about your landlord try to talk to him first or write him about the problem. If it does not work, ask for advice from your local council or an advisor in your local area . Check out the owners complaints page for more information.

 Can I have a rental of joint ownership insured?

It is possible to have a rental of co-ownership with other tenants, as long as one of you lives on the property as the main dwelling. However, it is up to your landlord to decide whether or not you can guarantee a rental of co-ownership.