Top Tenant Mistakes Renters Should Avoid in Scotland

Renting a home in Scotland means knowing your rights and responsibilities under Scottish law. While most tenancies run smoothly, common mistakes can leave renters vulnerable to eviction, unexpected costs, or disputes. This guide highlights frequent pitfalls for tenants in Scotland and how to avoid them for a secure and stress-free renting experience.

Understanding Your Tenancy Agreement

Every Scottish renter should read and fully understand their tenancy agreement. Most recent private tenancies in Scotland use a Private Residential Tenancy (PRT), created under the Private Housing (Tenancies) (Scotland) Act 2016¹. If you don't read the agreement carefully you may miss important rules about notice periods, rent payments, or repairs.

• Action step: Always request a written tenancy agreement, and ask your landlord to clarify any clauses you don't understand.

Pitfall 1: Not Knowing Your Rights About Rent Increases

Landlords must follow proper legal steps for increasing rent in Scotland. For PRTs, they can only increase rent once per year and must give at least three months' notice using the official form. If you receive a rent increase notice:

• Ensure the notice is on the correct 'Rent Increase Notice to Tenant(s)' (Form AT2).
• If you think the increase is unfair, you can challenge it by applying to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Pitfall 2: Not Reporting Repairs Promptly

Tenants have the right to safe, habitable accommodation as outlined in the Housing (Scotland) Act 2006². Delaying reporting repairs can make problems worse and may even be used against you if there's damage at the end of your tenancy.

• Report repair issues in writing to your landlord or letting agent as soon as possible.
• If repairs are not completed in a reasonable time, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber).
• Keep a record of all communications and photographic evidence if possible.

Pitfall 3: Not Understanding Deposit Schemes

By law, your landlord must protect your deposit in a government-approved scheme within 30 working days of the tenancy starting. Failing to check this can put your money at risk. For more, see the official Scottish Government guidance on tenancy deposits.

• Ask your landlord which approved scheme they used and get confirmation.
• If your deposit isn’t protected, you can apply to the First-tier Tribunal for Scotland.

Pitfall 4: Not Giving Proper Notice When Leaving

Giving incorrect notice can result in extra rent or loss of your deposit. For Private Residential Tenancies, you must give at least 28 days' written notice, though you can leave earlier if your landlord agrees in writing. Use a dated written letter or email for a record.

• If your landlord is ending the tenancy, they must give you a specific notice—called a "Notice to Leave"—stating the grounds for eviction.

Relevant Official Forms for Tenants

• Notice to Leave (Private Residential Tenancies): If your landlord is evicting you, they'll use this. It must state the reason and minimum notice period. More info and download: Notice to Leave – mygov.scot.
• 'Rent Increase Notice to Tenant(s)' (Form AT2): This is given by the landlord for official rent increases. You use your copy to check if the right notice and time have been provided. See: Official Rent Increase Procedures in Scotland.
• First-tier Tribunal Application Forms: Use these to challenge rent rises, report repair failures, or resolve tenancy disputes. Guidance and forms: Applying to the Housing and Property Chamber.

Pitfall 5: Ignoring Important Letters and Notices

Missing communications from your landlord, the local council, or the tribunal can have serious consequences, including loss of your home or legal rights. Always open mail promptly and respond as needed.

Your Renter Responsibilities in Scotland: A Quick Summary

• Pay rent on time
• Take care of the property and report any damages
• Follow the rules in your tenancy agreement
• Respect neighbours and avoid antisocial behaviour
• Give the correct notice if moving out

Being aware of these responsibilities helps avoid disputes and protects your rights as a tenant.

FAQ: Scottish Renter Questions

1. What should I do if my landlord has not protected my deposit?
   Contact your landlord for the deposit scheme details. If it’s not protected within 30 working days, you can apply to the First-tier Tribunal Scotland Housing and Property Chamber for compensation.
2. How can I challenge a rent increase in Scotland?
   If you think a rent increase is unfair, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) within 21 days of the increase’s start date using the application forms on their official site.
3. What’s the official notice period if I want to move out?
   You normally must give at least 28 days' written notice under a Private Residential Tenancy. Double-check your agreement and discuss with your landlord for any exceptions.
4. Which tribunal handles tenancy disputes in Scotland?
   The First-tier Tribunal for Scotland Housing and Property Chamber deals with all private rented sector disputes in Scotland.
5. Can I be evicted without a valid notice?
   No, your landlord must serve an official "Notice to Leave" specifying the reason and giving the proper notice period before applying to the tribunal for eviction.

Key Takeaways for Scottish Renters

• Read and understand your tenancy agreement and all official notices
• Report repairs early, keep records, and use the official process to resolve disputes
• Protect yourself by following deadlines for notice and applications

By avoiding these common mistakes, you can safeguard your tenancy and know what steps to take if issues arise.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland Housing and Property Chamber: Tenant disputes, rent increases, deposit protection
• mygov.scot Renting Guidance: Comprehensive government advice on private tenancies
• Citizens Advice Scotland – Renting a Home: Free, impartial advice for Scottish tenants
• Scottish Government: Private Renting Policy: Policy and legal information for tenants and landlords

---

1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 2006

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation