It might be difficult to navigate Glasgow’s complicated disputes between landlords and tenants. However, if issues emerge, knowing landlord or tenant law’s subtleties might mean the difference between protracted litigation and speedy resolutions.
The legal rights and obligations of landlords and renters in Scotland will be discussed in this blog. You can be certain that we have your best interests at heart when you have the Glasgow-based team of skilled landlord and tenant conflict solicitors from Simplicity legal on your side. Call us today and make a free initial consultation with a highly qualified team member.
Landlord and Tenant Disputes
Rights and Responsibilities of Landlords
In Scotland, as a private landlord, you have the following rights and obligations:
Responsibilities
Registration: Before renting out private property, landlords must register with the Scottish Landlord Register. Renting without registration is illegal and a fine. Renting to three or more unrelated tenants requires an HMO licence.
Tax: The rental income of landlords is subject to income tax.
Personal information: Landlords are required to give tenants their complete name, address, and phone number.
Tenancy Agreements: Give documented tenancy agreements, like a Private Residential Tenancy Agreement, to tenants.
Deposit Schemes: Within 30 days of the start of the tenancy, register deposits with an authorised scheme (such as MyDeposits Scotland).
Safety Rules: Provide an Energy Performance Certificate (EPC) and adhere to safety regulations for electricity, gas, water and carbon monoxide. It is advised to do a Legionella Risk Assessment to keep the property safe for tenants.
Maintenance: Make appropriate repairs to keep the exterior and structure of the property safe and livable, which is crucial for maintaining a short assured tenancy.
Insurance: Building and contents insurance is a must for landlords in tenements or blocks.
Changes: Permit renters with mobility challenges to use reasonable modifications (such as railings or ramps).
Mortgage & Insurance: Since agreements may affect contracts, let mortgage and insurance companies know about your renting plans.
Legal Procedures: Comply with the 28–84 day notice periods for evictions, the 3-month notice time for rent increases, and the 24-48 hour notice requirement for property access.
Legal rights
Rent Payment: According to the terms of the tenancy agreement, landlords are entitled to a fair rent payment. Additional fees, such as credit checks or holding fees, are prohibited; only rent and a refundable deposit may be collected.
Rent Increases: A rent increase notice must be sent out at least three months in advance of any annual rent increases.
Background Checks: Credit reports, identification documents, and financial stability are among the things that landlords can check on potential renters.
Right of Entry: With 48 hours’ notice, landlords are permitted to enter the property for maintenance or inspections.
Tenant Rights and Obligations
The legal framework that describes the rights and obligations of renters in Scotland is the Private Housing (Tenancies) Scotland Act 2016. Here are some important observations:
Responsibilities – Tenant Solicitors
Rent Payments: As specified in the tenancy agreement, rent must be paid on schedule.
Property: Tenants are responsible for maintaining the property’s cleanliness and for any damage that they or their visitors may create (such as a broken window from play).
Report Problems: Tenants are required to notify the landlord right once of any damages or malfunctions (such as electrical or plumbing problems).
Repair Access: Tenants must provide the landlord with at least 48 hours notice before granting them access for repairs or inspections.
Notice to Leave: When leaving the property, you must give at least 28 days’ notice.
Permission: Subletting, renovating, or transferring tenancy all require written consent, which helps to resolve any disputes that may arise.
Legal rights
Security: Because tenancies are open-ended, landlords are unable to terminate them only because the predetermined time has passed. Landlords are required to offer tenants at least 84 days’ notice to leave after six months.
Privacy: Tenants are guaranteed the right to “peaceful enjoyment,” which prohibits landlords from bothering them needlessly.
Equality: It is illegal to discriminate based on gender, sexual orientation, religion, race, or disability.
Written Terms: Landlords must provide tenants with clear written terms regarding their tenancy agreement. Tenancy agreements and related documentation must be provided in writing by landlords. Tenants may use the First-tier Tribunal to seek a resolution if notice is not given within 28 days.
Safe Living: Gas, electricity and fire safety regulations must be followed by properties. In addition to providing an Energy Performance Certificate, landlords are required to provide renters 48 hours’ notice before making any repairs or inspections.
Deposit Protection: Within 30 days, landlords must register deposits with an authorised program and give tenants documentation.
Rent Protection: There can only be one annual rent increase with three months’ notice. Rent caps may be applicable in some places, and excessive rises may be contested.
Contact us landlord and tenant dispute solicitors
Contact our team at 0141 433 2626 and make an appointment with a team member for a free initial consultation.
5 Typical Landlord and Tenancy Conflicts
Late Payments: When rent is paid by renters after the due date, landlords frequently experience financial hardship.
Property Damage: Landlords seek compensation when disputes emerge over whether damage is due to regular wear and tear or is the result of a renter.
Maintenance Concerns: While landlords may contend that renters did not disclose issues, tenants may accuse landlords of ignoring maintenance.
