Private landlords - rights and responsibilities

Landlords need to be registered with us to make sure they are suitable and to protect tenants from bad practice. 

As a landlord you have the right to:

• change the market rent
• agree the terms of the tenancy before it begins
• receive rent when it is due
• be advised of necessary repairs
• Be given proper notice by a tenant if they wish to leave

You are responsible for maintaining the property to a certain standard. The tenancy agreement should set out who is responsible for what repairs.

Private landlords must ensure that the property meets the standards as outlined in the Housing (Scotland) Act 2006 at the start and throughout the tenancy period.

As a landlord, you must inspect the property before the tenancy starts to identify any work needing done and to let the tenant know about any such work. You must make sure:

• the property is wind and water tight and is reasonably fit for human habitation
• the structure and exterior of the property, including drains, gutters and external pipes are in reasonable repair and proper working order
• the installations in the property for the supply of water, gas and electricity and for sanitation, space heating and heating water are in reasonable repair and proper working order
• any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and proper working order
• any furnishings provided under the tenancy can be used safely
• there are enough smoke alarms: Scottish Government guidance on satisfactory provisions for detecting and warning of fires

For more detailed guidance, please see the Housing and Property Chamber website.

Once the tenancy starts, the duty only applies where you are aware that work needs to be done, for example, because the tenant has told you this. You must then carry out the work within a reasonable time.

Please also refer to our page on Safety of goods in rented accommodation - landlords and letting agencies by the department of Consumer and Trading Standards.

To check if a landlord is registered, you can either go to the Landlord Registration Scotland website or contact our Landlord Registration team.

Landlords and creditors have a duty, under Section 11 of the Homelessness act( Scotland ) Act 2003, to notify the Council when they raise proceedings for possession of a property or serve certain notices relating to a mortgage.

For more information or advice on the Repairs Standard contact the Housing and Property Chamber.

If you or your tenants are experiencing anti-social behaviour, you can contact our anti-social team for advice and help.