Renting from a private landlord

If you rent a property from a private landlord, there are various rules and legislation to provide you with help and legal protection – renting property from a private landlord – mygov.scot

It's your landlord's responsibility to make sure the property meets 2 sets of standards – the Repairing Standard and the Tolerable Standard.

The Repairing Standard

Private landlords have a legal responsibility to make sure that a rented home meets a legal standard of repair called the Repairing Standard.

If you rent a private property, your landlord must follow these rules:

• the property must be wind and water tight in all other respects reasonably fit for you to live in
• the structure and exterior (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order
• installations for supplying water, gas and electricity and for sanitation, space heating and heating water must be in a reasonable state of repair and in proper working order
• any fixtures, fittings and appliances that they provide under your tenancy must be in a reasonable state of repair and in proper working order
• any furnishings that they provide under your tenancy must be capable of being used safely for the purpose for which they are designed
• the property must have a satisfactory way of detecting fires and for giving warning in the event of a fire or suspected fire

Every landlord who is required to register as a private landlord must meet the Repairing Standard.

The Tolerable Standard

The Tolerable Standard – mygov.scot is a basic level of repair your landlord must maintain for the property you live in, to make it fit to live in.

Resolving disputes

If you have notified your landlord of a problem and it is not attended to satisfactorily or there is a disagreement over whether or not there is a problem, you have a right to refer matters to the Housing and Property Chamber.

They have the power to make a landlord carry out work necessary to meet the Repairing Standard.

Tenancy deposits

When you move into a rented property, most landlords or letting agents will ask you for a deposit.

Your landlord or letting agent has to lodge your deposit with a tenancy deposit scheme within 30 working days of the beginning of the tenancy.

For more information go to tenancy deposit schemes.

Local Housing Allowance

If you are renting a home from a private landlord and you are on a low income, you may be able to claim Housing Benefit.

Housing Benefit for private tenants is called Local Housing Allowance – mygov.scot.