What to Do If Your Scottish Rental Isn't Ready on Move-In Day

Discovering your new rental property in Scotland isn't ready on your agreed move-in date can be stressful. Whether it's cleaning, safety issues, or ongoing repairs, it’s important to know your rights and the steps you can take. This guide explains what to do if the property isn't ready for you to move in, your potential remedies, and where to get official help in Scotland.

What Should a 'Ready-to-Move-In' Property Mean?

On your move-in date, your landlord must provide you with a property that:

• Matches the terms of your tenancy agreement
• Meets the Repairing Standard under the Housing (Scotland) Act 2006
• Is clean, safe, and free from hazards
• Is fit for you to live in (e.g. locks working, heating operational)

If your home fails to meet these standards, your landlord may be in breach of contract or tenancy legislation.

Common Reasons a Property Isn’t Ready

• Essential repairs or maintenance not completed
• Previous tenants have not moved out
• Unacceptable cleanliness or health hazards
• Utilities (water/heating/electricity) not functioning
• Safety checks (e.g. smoke alarms, gas safety) not passed

Your Rights Under Scottish Law

In Scotland, renters are protected by the Private Housing (Tenancies) (Scotland) Act 2016 and the Housing (Scotland) Act 2006. Landlords must ensure the property meets legal letting standards and is ready for occupation on the agreed date.^[1][2]

What to Do if Your Rental Isn’t Ready

• Contact your landlord or letting agent immediately: Explain the issue in writing and request a specific remedy. Keep all correspondence.
• Don’t accept keys or move in: If unsafe or not fit to live in, do not take occupation.
• Ask for a rent reduction or alternative accommodation: If you can't move in, you may be entitled to compensation or a delayed start to your rent.

• Request repairs be completed urgently: Legally required works must be carried out promptly. You can request a timeline in writing.
• Seek advice if the landlord is unresponsive: Contact your local council’s Private Rented Housing Panel or a renter advocacy service for support.

Relevant Forms and How to Use Them

For renters in Scotland, specific official forms exist to address tenancy disputes:

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) – Form AT6: Used for repairs or failure to comply with the Repairing Standard. Complete this if your landlord will not fix issues.
  Official guidance and download: Repairing Standard Application Form
• Notice to Leave (no official form number): This is used by landlords but may be relevant if they claim you can't move in due to circumstances. You can check an example and guidance from the Scottish Government.

Example: If you arrive and the property is uninhabitable, and the landlord is not acting, complete the Repairing Standard Application and submit it to the Tribunal with evidence (photos, emails) and a description of your situation.

Rent and Deposit Implications

If the property is not ready, you should not be liable for rent for days you couldn’t move in. Your deposit must be protected using an approved scheme under the Tenancy Deposit Schemes (Scotland) Regulations 2011.^[3]

Action Steps for Renters

• Document the property’s condition with photographs and written notes
• Correspond by email or letter, not just phone
• Seek advice from official bodies if your landlord will not resolve your concerns
• If moving costs increase due to delays, keep receipts and request reimbursement

FAQs: What If the Property Isn’t Ready to Move In?

1. What if my landlord refuses to delay my rent payments when the flat isn’t ready?
   Rent should not be charged for days you are unable to occupy the property due to it not being ready. Ask your landlord for written confirmation and seek support from the First-tier Tribunal (Housing and Property Chamber) if needed.
2. Can I cancel my tenancy if my new rental isn’t fit to live in on move-in day?
   If your landlord breaches key tenancy conditions, you may have grounds to end (rescind) the agreement. Always request official advice before taking this step.
3. Who can help if my landlord ignores my complaint?
   You can apply to the First-tier Tribunal for Scotland. Local councils can also assist private renters with property standards.
4. Do I need to use a solicitor to start a tribunal application?
   No, you do not need legal representation. Official guidance and forms for tenants are available directly from the Tribunal’s website.
5. Is my deposit protected if I haven’t moved in yet?
   Yes, deposits must be protected in an approved scheme even if you haven’t been able to move in. For more, visit mygov.scot tenancy deposit advice.

Conclusion: Key Takeaways for Scottish Renters

• If your home isn’t ready to move in, you have strong rights under Scottish law
• Document all issues and respond in writing
• Seek help promptly from the Tribunal or local council if concerns are not resolved

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Handles tenant-landlord disputes and Repairing Standard applications
• MyGov.Scot – Private Rented Sector Rights: Official tenant rights and guidance
• Citizens Advice Scotland: Renting privately: Free advice and local support
• Your local council’s Private Rented Housing Panel for urgent housing problems

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 2006
3. Tenancy Deposit Schemes (Scotland) Regulations 2011

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