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Private Rented Housing

The Private Rented Sector in Clackmannanshire plays a vital role in providing an alternative for people who do not want or cannot afford to buy their own home and for people who do not qualify or are unable to wait for a socially rented tenancy.

Private Tenants

If you are looking for a private let there are a few ways to find out what is currently available:

  • local newspapers
  • estate agents
  • letting agents
  • property websites

If you are a private tenant and you move into a new tenancy, your landlord must provide with you a tenancy agreement. In most cases, the landlord will be required to provide you with a written tenancy agreement.

The tenancy agreement should cover:

  • The length of the tenancy (if issued before 1 December 2017);
  • The rent and the deposit amount;
  • The rights and responsibilities of both the tenant and the landlord;
  • How the tenancy agreement may be ended

If you have moved into a new private tenancy on or after 1 December 2017, your landlord must have provided you with a Private Residential Tenancy Agreement.

If you were a tenant before 1st December 2017, you may have a short assured tenancy. The short assured tenancy gives the tenant full security of tenure for a limited period of time, after which the landlord can repossess the property.

Your landlord may request for up to 2 months’ rent as a deposit which must lodged into a Tenancy Deposit Scheme. For further information on schemes, please visit the Tenancy Deposit Schemes webpage.

As a private tenant, your landlord is legally required to be registered. To check if your landlord is registered, please visit the Scottish Landlord Register.

Tenant Rights

Repairs

The landlord is responsible for most repairs. The landlord must provide you with a gas safety certificate, an electrical safety certificate and an interlinked fire safety alarms. For further information on who is responsible for repairs, please visit Shelter Scotland webpage.

Access to the Property

If you have a Private Residential Tenancy, your landlord must give you at least 48 hours’ notice in writing to access your home for repairs, inspections or valuations, unless access is required for emergency repairs.

You may refuse access if your landlord wants to visit at an unreasonable time or turns up unannounced.

Rent Increases

If you have a Private Residential Tenancy agreement, your landlord can increase your rent any time in the first year of your tenancy, and once every 12 months after that. If your landlord wishes to increase your rent, they must issue with a rent increase notice at least 3 months before the increase.

Tenant Responsibilities

The tenancy agreement should set out all of the responsibilities associated with maintaining the tenancy. Typically, these include:

  • Paying rent on time;
  • Taking care of the property;
  • Reporting any repair issues and allowing access for repairs;
  • Not causing nuisance to neighbours and not behaving antisocially;
  • Asking permission if you want to sublet, redecorate the property or keep pets.

Tenant Help and Support

If you are struggling financially, and are worried about eviction and paying your rent, you should contact your landlord in the first instance.

If you believe you may be entitled to help with your rent, please visit Housing Benefit and Council Tax reduction webpage.

If you are struggling to heat your home, you may wish to seek help and advice from our Home Energy Advice Team. For further information, please visit the Home Energy Advice webpage.

For general cost-of-living advice, information and practical support, please visit the Cost of living help and support webpage.

If you experience a disability or illness, and you require further assistance, adaptations or equipment, please contact your landlord. For further information on funding adaptations to the home as a private tenant, please visit the Scottish Government webpage.

Facing Eviction as a Private Tenant

If your landlord or letting agent has served you with a Notice to Leave or Notice to Quit and if you are facing eviction and are going to become homeless within two months, you may request assistance from the Council’s Housing Options Team. For further information, please visit the Homelessness webpage.

Private Landlords

To let residential property and act as a private landlord in Scotland, you must register as a private landlord. The registration process confirms that a landlord is a “fit and proper” person to manage the letting of the property. It is a crime to let without being registered. To register or search for a landlord or an agent, please visit the Scottish Landlord Register.

For further information on landlord registration and guidance on how to register, please visit the Private Landlord Registration webpage.

If you wish to let a property to 3 or more unrelated person, you must apply for House in Multiple Occupation (HMO) license. For further information on how to apply, please visit the Houses in Multiple Occupation webpage.

Advertising the Property

When you advertise a property to let, you must ensure that your Landlord Registration Number, the Energy Performance Rating Certificate (EPC) and the Letting Agent Registration number (if applicable) are visible on the advert.

Repairing Standard

As a private landlord, you must ensure that your property meets the Repairing Standard. The Repairing Standard is the minimum level of repair a property must achieve to be used as a privately rented accommodation in Scotland.

The Repairing Standard focuses on the property condition, and includes installations, fittings and furnishing that are provided as part of a tenancy. Private landlords have the duty to repair and maintain rental properties and must carry out a pre-tenancy check in order to identify any work required to meet the Repairing Standard before letting the property.

For further information on the Repairing Standard, please visit the Scottish Government’s Repairing Standard webpage.

Property Safety

When letting a property, you must ensure it complies with gas, fire and electrical safety requirements.

All gas equipment that you supply as part of the tenancy must be inspected by Gas Safe Register Engineer annually. You must provide your tenant with the gas safety certificate at the start of the tenancy and within 28 days of the inspection being completed. For further information, please visit the Gas Safety and Advice webpage.

All electrical installations and appliances you supply must be safe for use. You should ensure regular inspections are carried out. You must provide your tenant with an up-to-date copy of the Electrical Installation Condition Report (EICR) at the start of the tenancy and within 28 days of the inspection being completed.

You must supply the property with carbon monoxide detector near any gas appliances and interlinked fire and smoke alarms to meet fire safety standards. All furniture you supply must be fire resistant and have a safety label to show this.

Tenancy Deposit Scheme

As a private landlord you may request up to 2 months’ rent for a deposit from your tenant at the start of the tenancy. If you received a deposit from your tenant, you must lodge it into one of the three approved tenancy deposit schemes in Scotland within 30 days of receiving it. The 3 approved schemes are:

For further information on the Tenancy Deposit Schemes, please visit the Tenancy Deposit Schemes webpage.

Housing costs: Advice and Support to your Tenant

As a private landlord, you can help your tenant understand their benefits claim and what they can do to ensure that their rent and other housing-related costs are being paid.

Local Housing Allowance is the Housing Benefit for private tenants. In most circumstances, it will be paid directly to the tenant. However, if is likely that your tenant will have difficulties in managing their financial affairs, it seems unlikely that they will pay their rent or if they have rent arrears of 8 weeks or more, you or your tenant may request that the Local Housing Allowance is paid directly to you.

For further information, please visit the Local Housing Allowance webpage.

Ending the Tenancy and Section 11 Notice

If you have served your tenant with a Notice to Quit or a Notice to Leave, you must ensure that you have also notified the Council that you have raised the proceedings for a repossession of the property. You must serve the Council with Section 11 Notice under the Homelessness etc. (Scotland) Act 2003. The Section 11 Notice aims to provide early intervention in order to try to resolve issues between the tenant and the landlord and aims to prevent homelessness from occurring.

For further information on how you can end the tenancy agreement as a landlord, please visit the Scottish Government webpage.

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