Moving into a rented home brings big expectations for both tenants and landlords. As a tenant in Scotland you have rights to a safe, habitable property, clear written terms and protection for your deposit. Landlords must complete essential checks and provide important documents before or when you move in, including safety certificates, a written tenancy agreement and information about the tenancy type. This guide explains what landlords are required to do, how to check they have done it, and what steps you can take if something is missing or unsafe. It uses plain language for renters and points to the official Scottish legislation and tribunal process you can follow if you need formal help.
What landlords must do before you move in
Under the Private Housing (Tenancies) (Scotland) Act 2016 tenants should expect certain duties from landlords, including clear written terms and protections for deposits [1]. Landlords also have responsibilities for safety and information:
- Provide a written tenancy agreement that sets out the Private Residential Tenancy terms and any house rules.
- Protect any tenancy deposit in a recognised scheme and give you written deposit information and how to get it back.
- Ensure required safety measures are in place, such as working smoke alarms and relevant gas or electrical safety checks where applicable.
- Provide an inventory or condition report so you and the landlord agree the property state at move-in.
- Give you keys and explain access, privacy and notice rules for inspections or repairs.
- Supply clear contact details for the landlord or letting agent and emergency repair procedures.
Before you sign or move in
Take a few simple actions to protect yourself when you move in. These steps make it easier to challenge problems later and document the condition of the property.
- Read the written tenancy agreement carefully and ask for clarification on any clause you do not understand.
- Take photos and a dated inventory within a few days of moving in and keep copies as evidence.
- Check where your deposit is protected, get the scheme details in writing and save the receipt for payment.
- Ask for copies of any safety certificates (for example gas safety checks) and confirm smoke alarm and carbon monoxide detector locations.
- Note the landlord or agent emergency contact and expected response times for repairs.
If a landlord does not meet move-in duties
If a landlord fails to provide required documents or the property is unsafe you can take these steps. Start by raising the issue informally and escalate to formal routes if needed.
- Contact the landlord or letting agent in writing, describe the problem, and request a timescale for remedy.
- Save all evidence: emails, messages, photos, receipts and the inventory you made.
- If informal contact fails, consider applying to the First-tier Tribunal for Scotland (Housing and Property Chamber) for dispute resolution or an order [2].
- Report urgent safety risks to your local authority environmental health or building standards team when appropriate.
FAQ
- What information must my landlord give me when I move in?
- Your landlord should give you a written tenancy agreement, deposit protection details, contact information, and any safety certificate or instructions relevant to the property.
- How can I check my deposit is protected?
- Ask the landlord for the name of the deposit scheme and a tenancy deposit receipt; you can follow up with that scheme if you do not receive the details.
- When should I apply to the tribunal?
- If the landlord does not fix serious safety problems, withhold required documents, or if disputes over deposit deductions cannot be resolved, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a decision.
How-To
- Document the property state: take dated photos and a written inventory on move-in day.
- Give the landlord a short written deadline to supply missing documents or fix urgent problems.
- Check the tenancy deposit protection details and contact the scheme if you cannot confirm protection.
- Report serious safety risks to your local authority and inform the landlord in writing.
- If problems remain, submit an application to the First-tier Tribunal (Housing and Property Chamber) using the official application form and include your evidence.
Key Takeaways
- Landlords must provide written tenancy terms and basic safety information before or at move-in.
- Your deposit should be protected and you must receive clear deposit details.
- Document the property on move-in and keep all communications to support any later dispute.
Help and Support / Resources
- Private Housing (Tenancies) (Scotland) Act 2016
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Scottish Government guidance on Private Residential Tenancies
