| Tenants rights in Scotland are predominantly | | | | intends to carry out any repairs.) |
| governed by the Housing (Scotland) Act 1988. | | | | Deposits |
| While housing law is a complicated area of the law | | | | A landlord is entitled to seek a returnable deposit |
| it does provide tenants with certain rights with | | | | in advance of the commencement of a tenancy. |
| regards to privately rented accommodation. | | | | This deposit is usually a sum of money equal to |
| Basic Information | | | | one months rent but which must not exceed two |
| Most privately rented accommodation will have | | | | months rent. |
| what is known as an "Assured Tenancy". This | | | | At the end of the tenancy agreement a tenant is |
| provides the tenant with certain statutory rights, | | | | entitled to the return of their deposit. However, |
| regardless of whether or not a landlord has | | | | the landlord may withhold part, or all, of the |
| provided them with a lease. This means that | | | | deposit in order to fund any repairs necessary as |
| these rights will prevail over any conflicting clause | | | | a result of damage that the tenant has caused to |
| in a lease agreement. There are exceptions to | | | | the property; non-payment of rent; unpaid bills or |
| these rules however, such as where the landlord | | | | to replace any items missing from the inventory. |
| also resides in the property and where the lease | | | | Any deductions made by the landlord must be |
| is provided by an educational institution (i.e. where | | | | reasonable. |
| the tenant is staying in University Halls of | | | | In the event that the landlord refuses to return |
| Residence). | | | | the deposit, or withholds part of it on what are |
| A Tenant's Rights Where an Assured Tenancy | | | | felt to be unreasonable grounds then the tenant |
| Exists | | | | should write to the landlord expressing his |
| Landlords are obliged to provide a written lease | | | | concerns. The tenant should keep copies of any |
| free of charge. A tenant cannot be legally evicted | | | | correspondence between the landlord and himself. |
| in the absence of a court order obtained by the | | | | If the landlord still withholds the deposit then the |
| landlord. A court order will only be granted where | | | | tenant should seek legal advice with regards to |
| there are legal grounds for eviction. The property | | | | raising a Court action to recover the deposit. |
| to which the lease pertains must be fit for human | | | | Many universities offer free legal advice to |
| habitation and must be wind and watertight. It | | | | students. |
| must remain so throughout the duration of the | | | | Inventories |
| tenancy. The landlord must undertake any repairs | | | | Most landlords will provide tenants with a written |
| in order to comply with the above and then repair | | | | inventory of all items provided within the flat. At |
| any damage caused to the property in order to | | | | the commencement of the tenancy, tenants |
| carry out those repairs. These repairs must be | | | | should check the inventory and confirm it with the |
| carried out within a reasonable time of the tenant | | | | landlord in writing. At this stage the tenant should |
| notifying the landlord, or the landlord becoming | | | | inform the landlord not only of any missing items |
| aware that these repairs are required. The | | | | but also the extent of any damage present on |
| landlord must provide twenty-four hours | | | | the items. The tenant should keep a copy of the |
| advanced notice to the tenant of when he intends | | | | inventory and the confirmation given to the |
| to carry out any repairs. | | | | landlord. |
| A Tenant's Obligations Where an Assured | | | | In the event that the landlord does not provide |
| Tenancy Exists | | | | the tenant with an inventory the tenant should |
| - To pay rent on time. | | | | seek to obtain one from the landlord. If the |
| - To look after the property and use it in the | | | | landlord refuses to provide an inventory then the |
| correct manner. | | | | tenant should write to the landlord at the |
| - To pay for any repairs necessary as a result of | | | | commencement of the tenancy stating that an |
| his actions. | | | | inventory has not been provided. |
| - To notify the landlord of any damage to the | | | | Gas Appliances |
| property in need of repair (i.e. defective sanitary | | | | The law provides that all landlords must now have |
| systems; leaking roof etc.). | | | | gas appliances checked for safety at least every |
| - To allow the landlord access to the property for | | | | twelve months. On request by a tenant the |
| repairs. (The landlord must provide twenty-four | | | | landlord must produce evidence to confirm that |
| hours advanced notice to the tenant of when he | | | | these checks have been carried out. |