Both the landlord and the tenants of privately rented accommodation have rights and responsibilities.
The main responsibility of the landlord is to ensure that the property being let is fit for human habitation at the beginning of all new tenancies and meet your statutory repairing obligations throughout the tenancy. You must also register with the local authority. In return you have the right to charge a market rent, agree the terms of the tenancy agreement and receive rent when it is due.
If, as a landlord you own property in a block of flats there will normally be a shared responsibility for repairs in particular to the roof areas and other common areas. A new website has been introduced which can give impartial advice on repairs and maintenance for flat owners in Scotland. For further information please visit the Under One Roof website.
The tenant must pay the rent and comply with the other conditions of the tenancy agreement. They must not cause any damage or disturbance and must report any repairs required to the landlord. In return you have the right to quiet enjoyment while staying in the property, know how to contact the landlord and know the terms of your tenancy.
Access and timescales for repairs
The tenant must give the landlord reasonable access to the property to carry out any repairs that have been reported.
A landlord must give a tenant at least 24 hours notice in writing of the need to gain access to the property.
If the landlord has difficulty in gaining access to the rented property then he can make an application for access to the First Tier Tribunal Housing and Property Chamber for assistance in exercising his right of entry. The Tribunal can assist in arranging a suitable date for access and where required fix a date and time for access if a tenant and landlords cannot agree a date.
The landlord should provide the tenant with a contact name and telephone number for emergency and non-urgent repairs.
We are currently updating our private landlord and private tenant guidance booklets to incorporate changes to legislation, these will also include full details on the rights and responsibilities of both the landlords and tenants. They will be available for download soon. In the meantime time if you require any information or advice then contact the Private Sector Housing Unit.