Renting from a Trust or Estate in Scotland

Many tenants in Scotland find themselves renting from trusts, estate executors or private estates after a landlord dies or ownership changes hands. That raises practical questions about who collects rent, who is responsible for repairs, how notices work and what happens if there is a dispute. This article explains tenant rights in plain language, shows the most common steps tenants should take, and points to official forms and the tribunal that handles housing cases in Scotland so you can protect your home and finances.

Who is responsible when a landlord dies or ownership transfers

When a landlord dies or transfers title, the obligations under a private residential tenancy normally continue. The Private Housing (Tenancies) (Scotland) Act 2016 sets out the basic framework for private residential tenancies in Scotland^[1]. In practice an executor, trustee or appointed agent usually becomes responsible for rent collection and repairs until the trust or estate transfers the property to a new owner.

How trusts and estates affect day-to-day tenancy issues

A trust or estate steps into the landlord role for existing tenancies. That usually means:

• Check your written tenancy agreement and any correspondence so you know who is named as the rent recipient and who to contact about repairs.
• Continue to pay rent on time to the named recipient or into a safe account and keep receipts or bank records as proof.
• Report repairs promptly in writing; the estate or trustee is normally responsible for keeping the property in a habitable condition.

When to involve the First-tier Tribunal (Housing and Property Chamber)

If the estate or trustee will not carry out essential repairs, refuses to accept lawful rent, or tries to evict without a correct legal ground, tenants can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for orders and remedies^[2]. The tribunal handles disputes about tenancy rights, rent arrears and the repairing standard.

Key forms and how tenants use them

• Application for a Repairing Standard Enforcement Order — no numbered form on legislation but available from the tribunal site; used when essential repairs are not made (example: persistent heating and water failures).
• Application to the First-tier Tribunal (Housing and Property Chamber) for payment of rent or order for possession — available from the tribunal; used when a tenant cannot resolve serious rent or possession disputes with the estate (example: trustee refuses to accept rent or issues an unlawful notice).
• Guidance on Private Residential Tenancy and Notice to Leave — official Scottish Government guidance covering how notices must be given and the grounds for termination; useful if you receive a notice from a trustee or executor.

Practical steps tenants should take

• Keep copies of your tenancy agreement, receipts and all messages about repairs or rent (emails, texts, letters).
• Contact the estate trustee or property manager in writing to confirm who is acting as landlord and where to pay rent.
• Report urgent repairs immediately and follow up in writing; set a reasonable time for the work and note responses.
• If the issue is not resolved, consider an application to the First-tier Tribunal and gather evidence (photos, receipts, communication logs).

FAQ

Who do I pay rent to if my landlord has died?

Pay rent to the person or account the estate or trustee instructs. If you are unsure, pay into a separate account and keep records, then seek advice from the tribunal or a housing advice service.

Can a trustee evict me immediately after a landlord dies?

No. Existing private residential tenancies continue and trustees must follow the legal grounds and notice requirements in the Private Housing (Tenancies) (Scotland) Act 2016.

What if the estate says repairs are the tenant's responsibility but they are not?

Document the problem, write to the trustee to request repair, and if unresolved apply to the First-tier Tribunal for a repairing standard enforcement order.

How long will a tribunal case take?

Times vary. The tribunal provides guidance on timescales; prepare evidence and comply with any directions to avoid delays.

How-To

1. Check your tenancy agreement and collect all documents and receipts that prove rent payments and reported repairs.
2. Contact the trustee or estate agent in writing to confirm who is managing the tenancy and where rent should be paid.
3. Report repairs in writing and set a reasonable deadline; keep photos and written records of any deterioration or hazards.
4. If the matter is not resolved, apply to the First-tier Tribunal (Housing and Property Chamber) with your evidence and follow the tribunal's guidance.

Key Takeaways

• Continue to pay rent and keep clear records even if the landlord changes.
• Trustees are generally responsible for repairs; report issues in writing and gather evidence.
• The First-tier Tribunal (Housing and Property Chamber) can resolve disputes about rent, possession and repairs.

Help and Support / Resources

• First-tier Tribunal for Scotland (Housing and Property Chamber) – forms and guidance
• [Private Housing (Tenancies) (Scotland) Act 2016] legislation.gov.uk
• Scottish Government guidance on Private Residential Tenancies

1. [1] Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
2. [2] First-tier Tribunal for Scotland (Housing and Property Chamber) - housingandpropertychamber.scot
3. [3] Private Residential Tenancies guidance - gov.scot