Moving into a short-term let can raise specific questions for tenants about deposits, condition reports and what landlords are allowed to require in Scotland. This guide explains move-in rights for renters, including what a lawful deposit or upfront fee may be, how to record the property condition, when a landlord may enter, and what formal notices or forms you might see under Scottish tenancy law. It also outlines steps to challenge unfair charges or to seek a decision from the Housing and Property Chamber if a dispute cannot be resolved. Plain-language examples and practical steps will help you document problems, meet deadlines and protect your rights when taking on a short-term tenancy in Scotland.
Your legal framework
Most short-term private rentals in Scotland are governed by the Private Housing (Tenancies) (Scotland) Act 2016 which sets out tenant and landlord obligations and the permitted grounds for recovery of possession.[1] If you cannot resolve a move-in dispute with your landlord, the First-tier Tribunal for Scotland (Housing and Property Chamber) decides many housing disputes for private tenants in Scotland.[2]
Key move-in rights and checklist
When moving into a short-term let, use this checklist to protect your position and gather evidence.
- Paying a deposit: a landlord may take a security deposit but it must be set out in the tenancy agreement and returned according to the agreement and law.
- Inventory and photos: document the condition with dated photos, a signed inventory and notes of any pre-existing damage.
- Keys and privacy: confirm who holds spare keys, how and when a landlord can enter, and that entry is lawful and reasonable.
- Repairs and habitability: report urgent repairs promptly and keep records of communications and any expenses you pay for emergency fixes.
- Notices and paperwork: keep copies of the tenancy agreement, any notices, and any written statements about charges or restrictions.
Official forms and when to use them
There are a few official documents you may encounter. Where a named form number is not used, the title below is the common official label.
- Notice to Leave (landlord form/guidance) — when a landlord seeks possession they must serve a Notice to Leave under the tenancy rules before applying to the Tribunal; use this if the landlord claims a statutory ground for eviction.[3]
- Application to the First-tier Tribunal (Housing and Property Chamber) — the Tribunal publishes application forms and guidance for disputes such as deposit returns, rent arrears or breach of tenancy; tenants use the appropriate application form to start a case.[2]
- Prescribed documents and evidence — tenancy agreements, inventories, receipts and correspondence are not always a named form but are essential evidence when you file an application.
Practical example: if a landlord serves a Notice to Leave claiming they require the property for a family member, keep the notice, copy the tenancy agreement clause about notice and, if you disagree, prepare an application to the Tribunal within the time allowed.
How to make a dispute claim (overview)
If you cannot resolve the issue informally, you may apply to the Tribunal. Gather documentary evidence, complete the correct application form, and check whether you need to pay a fee or are exempt. The Tribunal will give directions and may list a case for a hearing or decide on written evidence.
FAQ
- Are short-term lets covered by the same rules as longer tenancies?
- Yes. Most short-term private lets use the Private Housing (Tenancies) framework and tenants keep core rights on deposits, repairs and notice.
- What can a landlord legally charge before I move in?
- Lawful charges should be set out in the tenancy agreement; a security deposit is common but arbitrary upfront fees not based on the tenancy are likely unlawful.
- How do I get my deposit back if the landlord refuses?
- Start by writing to the landlord requesting return with evidence; if unresolved, file an application to the First-tier Tribunal (Housing and Property Chamber) with your evidence.
How-To
- Gather evidence: collect the tenancy agreement, dated photos of condition, inventory and any receipts or messages.
- Choose the correct form: download and complete the Tribunal application form that matches your dispute type from the official site.[2]
- Check fees and exemptions: confirm whether a fee applies or if you qualify for exemption or reduced fees on the Tribunal website.
- Submit your application: follow the Tribunal guidance on how to submit the form and attach your evidence as instructed.[2]
- Attend or respond to directions: the Tribunal will send directions; comply and attend hearings or provide written statements if requested.
Help and Support / Resources
- [1] First-tier Tribunal for Scotland (Housing and Property Chamber)
- [2] Scottish Government private rented sector guidance
- [3] Private Housing (Tenancies) (Scotland) Act 2016
