Essential Lease Checks for Renters in Scotland

Before you commit to a new rental home in Scotland, it's vital to check all the key details in your lease agreement. The right checks give you confidence, minimise disputes later, and help ensure you have all the rights you’re entitled to under Scottish law. This guide explains, in accessible terms, what to look out for before signing a lease, your legal protections, and the official forms and resources you might need.

Understanding Your Tenancy Agreement

In Scotland, most new tenancies since December 2017 are a Private Residential Tenancy (PRT). This offers strong legal protections for renters and sets clear rules for landlords. Your tenancy agreement should always be in writing and easy to understand.

• Check if your tenancy is a PRT: If your tenancy started after 1 December 2017 and is for a private landlord, it should be a PRT. If you're unsure, read about Private Residential Tenancies.
• Confirm the names and addresses of all tenants and landlords are correct and match your expectations.

Key Clauses to Review

• Rent and Deposit Details: Check the amount, payment dates, and deposit protection scheme. In Scotland, deposits must be lodged with a government-approved scheme within 30 working days. Learn more at mygov.scot tenancy deposit guidance.
• Notice Periods: Both you and your landlord must give notice to end the tenancy. For PRTs, notice periods depend on the reason for ending and how long you've lived there. See official Statutory Terms.
• Responsibilities: Maintenance, repairs, and what’s included (appliances, furnishings).
• Restrictions: Rules about pets, guests, or subletting should be clear.
• Contact details: Ensure you have the landlord’s or letting agent’s up-to-date contact information.

Official Documents & Forms to Expect

• Private Residential Tenancy Agreement Template: Provided by the Scottish Government as a model lease; not numbered but recommended for all new tenancies.
  Download the official template from Private Residential Tenancy Model Agreement. Use this if your landlord hasn’t provided a clear written agreement.
• AT5 Form: If your tenancy began before 1 December 2017 and is an assured tenancy, the landlord must serve you an AT5 form before the tenancy starts to make it a short assured tenancy.
  See: Guide for Landlords: Assured and Short Assured Tenancies.
• Deposit Scheme Certificate: Once your deposit is lodged, you’ll receive a certificate from a scheme (SafeDeposits Scotland, Letting Protection Service Scotland or MyDeposits Scotland).

Essential Pre-Signing Checks

• Inventory: Get a detailed inventory of contents and their condition on move-in. Photographs can help you avoid disputes later.
• Energy Performance Certificate (EPC): Your landlord must provide this. It shows how energy efficient the property is. Learn about EPCs for Scottish rented homes.
• Gas Safety Certificate: For any gas appliances, valid certificates are legally required yearly.
• Electrical Safety Report: Should be provided and up to date.
• Repairing Standard: Make sure the property meets the repairing standard before moving in.

Understanding Your Rights to Challenge Terms

If a term in your tenancy agreement conflicts with your legal rights, Scottish law takes precedence. The Private Housing (Tenancies) (Scotland) Act 2016 sets out these rights and rules¹. Any unclear or unfair terms can be challenged at the First-tier Tribunal for Scotland (Housing and Property Chamber).

• First-tier Tribunal for Scotland (Housing and Property Chamber)

Practical Next Steps

• Ask your landlord for the model tenancy agreement if you have not seen it.
• Check deposit protection and safety certificates are in place.
• If anything is unclear, seek advice before signing or use the model agreement for comparison.
• Report issues to the First-tier Tribunal if your landlord will not comply.

1. What is a Private Residential Tenancy and why does it matter?
   A Private Residential Tenancy (PRT) is the standard tenancy for most private renters in Scotland signed after December 2017. It gives robust protections from unfair eviction and rent increases, and it cannot be for a fixed period. Read more at mygov.scot.
2. What certificates should my landlord provide before I move in?
   Your landlord must provide an Energy Performance Certificate (EPC), Gas Safety Certificate (if applicable), Electrical Safety Report, and proof your deposit is protected in a registered scheme.
3. If I spot an unfair clause, what can I do?
   Unfair contract terms are not legally binding. You can challenge these through negotiation, or if needed, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).
4. Do I need to pay a holding deposit or application fee?
   No. In Scotland, landlords and agents cannot charge any fees other than rent and the refundable tenancy deposit. Charging additional fees is illegal.
5. Who can help if my landlord refuses to issue a written agreement?
   You can contact a local council’s housing advice service or submit a complaint to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles tenancy disputes, including lack of written agreements and rent issues
• Scottish Government – Renting Advice for Tenants
• Citizens Advice Scotland – Renting a Home
• Tenancy Deposit Schemes – official government portal on deposit rules

1. Private Housing (Tenancies) (Scotland) Act 2016: Main legislation for Scottish Private Residential Tenancies
2. Statutory Terms for Private Residential Tenancy
3. First-tier Tribunal for Scotland (Housing and Property Chamber)