01/09/2026
Don't get caught out!
Understanding your rights and knowing what documents you should receive can help protect you from poor practice and ensure you are not taken advantage of. If something doesn't seem right, seek advice before signing any tenancy agreement. Here are some key things to remember:
👷🏼♀️ All privately rented properties in Scotland must meet the Repairing Standard. Your landlord should provide valid safety certificates before your tenancy starts, including an Energy Performance Certificate (valid for 10 years), an Electrical Installation Condition Report (valid for 5 years), and, where gas is supplied, a Gas Safety Certificate (valid for 1 year). This is a legal requirement and is not a matter for negotiation or discretion.
💻 Check that your landlord is registered by searching the Scottish Landlord Register on gov.scot.
📸 You should receive an inventory recording the condition of the property on or before your tenancy start date. The report should also clarify what is included with the property, for example a fridge freezer. Without one, there is no clear record of the property's condition at the start of the tenancy, which could leave you vulnerable.
💰 If you've paid a deposit, make sure you know where it is being lodged. This should also be noted in your tenancy agreement. Deposits must be protected by an approved scheme within 30 working days of the tenancy starting. The deposit remains the tenant's money and is fully refundable unless deductions are agreed or awarded at the end of the tenancy. If your landlord wishes to claim against the deposit, this should be decided by an independent adjudicator using evidence such as the inventory and check-out report.
📃 Most importantly, you should be given a legally binding tenancy agreement that follows, or closely reflects, the Scottish Government's open-ended Private Residential Tenancy Model Agreement. The agreement should include your landlord's details or, where applicable, the letting agent's details, including their Letting Agent Registration Number.
For more information or advice, please contact us via [email protected]