Scotland has its own laws, rules and regulations. Although similar to those that apply in England and Wales, they are not identical and, when it comes to landlord and tenant law, sometimes anticipate what is later to become English law.

The Scottish Executive has published guidance for Scottish landlords and also a portfolio of forms, all of which can be accessed at www.scotland.gov.uk.

A major difference for landlords in Scotland is that deposits do not at present have to be protected in a government-approved scheme – although the Scottish Executive has this under review (its Safeguarding Tenancy Deposits working group has issued a number of discussion papers). Another important difference is that all landlords are required to register with their local authority (details on www.landlordregistrationscotland.gov.uk).

Also, since 2009 landlords have had a duty, under the Homelessness (etc) Scotland Act 2003, to inform their local authority when commencing possession proceedings against tenants.

Different rules apply to the condition of privately rented houses. In general Scottish landlords have a duty to ensure their properties meet the ‘repairing standard’. To do this:
they must be wind and watertight and in all other respects reasonably fit for human habitation. The structure and exterior of the house (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order. Installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water must be in a reasonable state of repair and in proper working order. Any fixtures, fittings and appliances provided by the landlord under the tenancy must be in a reasonable state of repair and in proper working order. Any furnishings provided by the landlord under the tenancy must be capable of being used safely for the purpose for which they are designed. And they must have satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire.

If a rented house does not meet that standard, and the landlord refuses to carry out the necessary repairs, tenants can apply to the Private Rented Housing Panel (which took over from the Rent Assessment Panel) for Scotland for a decision on whether the landlord has failed to comply with his or her duty. Landlords can, if necessary, be ordered to carry out the necessary repairs with various penalties applying if they not.

More details on this are available from the panel’s website at www.prhpscotland.gov.uk.

The repairing standard, landlord registration and HMO licensing are covered in the booklet: ‘Assured Tenancies in Scotland – Your Rights and Responsibilities, A Guide for Private Landlords and Tenants’ (available from the Scottish government website: www.scotland.gov.uk).

Before it was abolished in 2008 (most of its functions were transferred to the Scottish Government’s Housing and Regeneration directorate and to the new Scottish Housing Regulator), Communities Scotland published The Scottish National Core Standards and Good Practice Guidance for Private Landlords. This provide “a framework for setting and monitoring the achievement of good management practice by private landlords” and was based on “current legislation, good practice and commonsense”.
According to the standards document it could be used by private landlords to “benchmark themselves” and also in the development of local voluntary accreditation schemes based on partnership between local authorities, landlord organisations and other stakeholders.

Included in the document was a model tenancy agreement compliant with Scottish law, together with information about Scottish landlord responsibilities and best practice.

These included:
Communication with the tenant: Landlords should communicate clearly, promptly and informatively with tenants on any matter that affects the property, its management and the tenants’ safe and peaceful occupation. All information provided by landlords should be written in plain English and when requested, landlords should provide summary translations of written information in relevant minority languages, Braille or large print.
Complaints: At the outset of a tenancy landlords should advise tenants in writing of the way or ways that any complaints should be registered. Records should be kept by landlords of complaints made by the tenants or third parties together with the outcome of the complaint.
Equality issues, complaints and disputes: Landlords must ensure no person or group of people is treated less favourably than any other because of his, her or their race, colour, ethnic or national origin, sex, disability or sexual orientation. Neither may landlords unreasonably withhold consent to tenants to adapt rented accommodation to meet the needs of disabled occupants.
‘Fit and Proper’ to let: Landlords are required to be registered with the local authority's Private Landlord Registration Scheme.
Tenancy agreement: Where the let is on an assured or short-assured tenancy, the tenant must be given a written tenancy agreement setting out the terms of the let and any relevant notices, and setting out the name and current address of the landlord and/or agent. This agreement should set out the rights and responsibilities of both landlord and tenant in clear and lawful terms and must be properly executed by the signatures of the landlord (or agent) and tenant, and one witness, who must include his or her address.
Rent and other charges: Where rent is paid weekly, a rent book must be issued and receipted for each weekly payment made.
Possession: Landlords must use the correct legal procedures when seeking possession.
Anti-social behaviour: Landlords must take lawful forms of action to resolve any issues regarding the anti-social behaviour by occupants and visitors to their rental properties.
Deposits and initial payments: Where deposits are required, they must be no more than the equivalent of two month’s rent and the tenant should receive a written statement of what the deposit (or guarantee) covers and a statement of what will require to be done, or in place, for the full deposit to be returned at the end of the tenancy. The first rent payment and any deposit should only be taken at the point the tenancy agreement is signed. A reasonable exception is where both parties agree that a holding deposit is taken and for which a receipt is issued. Any administration charges to a new tenant must reflect only actual costs incurred. No charge must be made for drawing up or copying the tenancy agreement.
Minimum property standard: Tenants’ accommodation must meet required standards. Landlords should take all reasonable steps to ensure proper maintenance of the common elements of the building, which are a shared responsibility with other co-owners, and have a duty to repair and maintain their rental properties at the start of the tenancy and at all times during the tenancy. When notified or on becoming aware of defects, landlords put matters right within a reasonable time. And landlords must inspect their properties before each tenancy starts so as to identify any work necessary to comply with the Repairing Standard and also provide tenants with written information about the effect of the Repairing Standard in relation to the tenancy. Tenants should be provided with information on how to approach the Private Rented Housing Panel and in what circumstances.
Gas safety: Landlords must comply with current Gas Safety (Installation and Use) Regulations by arranging annual gas safety checks to be completed by Gas Safe registered contractor, and gas safety certificates obtained (and copies provide to tenants). Landlords should ensure all servicing, repairs and replacements are completed by a Gas Safe registered contractors. Records of safety checks must be retained for two years at least.
Electricity: Landlords should take all reasonable steps to ensure that all electrical appliances supplied as part of the let are safe to use.
Furnishings and furniture safety: All furnishings and furniture supplied as part of a let must comply with relevant parts of the Furniture and Furnishings (Fire) (Safety) Regulations.
Energy Performance Certificates: An Energy Performance Certificate must be provided when a property is let for the first time or when a new tenant moves in.
Houses in Multiple Occupation: All HMO properties must hold a current HMO licence.

More detailed information and advice about renting in Scotland can be found on the Better Renting website: www.betterrentingscotland.com.