What landlords must give before the tenancy
In Scotland the Private Housing (Tenancies) (Scotland) Act 2016 sets the framework for private residential tenancies and the information tenants should expect from landlords.[1] Below are the common items landlords must provide or make available before or at the start of a tenancy.
- Written tenancy terms showing the rent amount, when it is due, and the notice periods for ending the tenancy.
- Landlord or managing agent name and contact details, including an emergency repairs contact.
- Information on deposit protection and the prescribed information that must be given to tenants about where the deposit is held.
- Any safety certificates or records relevant to the property (for example gas safety certificates where gas appliances exist).
- Energy Performance Certificate (EPC) or details of the property’s energy efficiency when required by law or local rules.
- Clear instructions on how to report repairs and who is responsible for maintenance.
- Information on how to apply to the First-tier Tribunal (Housing and Property Chamber) if a dispute arises about repairs, deposits or rent.[2]
- Any required property licences (for example for Houses in Multiple Occupation) or planning conditions that affect the tenancy.
When documents should be provided
Generally, a written tenancy agreement should be provided at the start of the tenancy so you know the key terms from day one. Deposit "prescribed information" must be given to the tenant within the time limits set for tenancy deposits in Scotland; landlords must also tell you where the deposit is protected and under what scheme.[3]
Official forms tenants may see
These are the official forms and documents tenants commonly encounter. Use the linked official sources to download the current versions and for guidance on completing them.
- Application to the First-tier Tribunal (Housing and Property Chamber) — the Tribunal provides application forms and guidance for tenants seeking orders on repairs, deposits, or rent disputes. Example: use the application form if your landlord will not carry out essential repairs and informal requests have failed.
- Notice to Leave or landlord notice documents — landlords should use the correct written notice for ending a tenancy; tenants should check the notice for correct dates and grounds before responding or leaving.
- Prescribed information for tenancy deposits — when a landlord takes a deposit they must provide details of which approved scheme holds it and how to apply for its release. Example: if your deposit is withheld at the end of a tenancy, the deposit scheme and the prescribed information tell you where to raise a dispute.
FAQ
- What if I never received a written tenancy agreement?
- If you did not receive a written agreement you should ask the landlord or agent in writing for a copy and keep a dated record of the request; if the landlord refuses you can seek advice and, where necessary, apply to the First-tier Tribunal.
- How do I check if my deposit is protected?
- Ask the landlord for the prescribed information showing which approved deposit scheme holds your money; if you cannot get this, contact the approved deposit schemes or seek tribunal guidance.
- Which authority handles tenancy disputes in Scotland?
- The First-tier Tribunal (Housing and Property Chamber) deals with most private tenancy disputes and has application forms and guidance for tenants and landlords.[2]
How-To
- Ask the landlord in writing for the missing document and state a reasonable deadline to receive it.
- Keep dated copies of all correspondence, receipts, and any certificates or reports you receive.
- If the issue is about repairs, follow the landlord’s repair reporting process and keep evidence of the malfunction and your reports.
- If the landlord does not resolve the problem, prepare your evidence and complete the relevant Tribunal application form to request an order.
- Contact local adviser services or the Tribunal helpline for assistance filling forms or preparing for a hearing.
Key Takeaways
- Ask for written tenancy terms and keep copies of everything.
- Make sure your deposit is protected and you have the prescribed information.
- The First-tier Tribunal (Housing and Property Chamber) handles most private tenancy disputes in Scotland.
Help and Support / Resources
- First-tier Tribunal (Housing and Property Chamber)
- Scottish Government: private rented housing guidance
- Tenancy deposit schemes in Scotland
