When you rent your home out, it is vital that you are aware of your legal rights and obligations.
You’ll need to register as a landlord. The maximum penalty for letting out a property when not a registered landlord is £50,000. A ban can also be imposed on being registered as a landlord in any council area for a period of up to five years.
Inform your mortgage lender you want to rent your property out. Some lenders have restrictions on who you can rent a property to. Renting your property out can also affect your insurance. You need to make certain your insurers understand you'll be renting your out your property and provide adequate coverage.
If your property is going to be let to three or more unrelated tenants, then you'll need to apply for an HMO (house in multiple occupancy) license. There are extra criteria you’ll need to meet if your property will be used in this way.
From 1 December 2017, the private residential tenancy came and replaced the assured and short assured tenancy for all new tenancies. The Scottish Government has published a model tenancy that you can use when you set a tenancy up.
If your tenants moved in before 1 December 2017 then they will still have an assured tenancy or a short assured tenancy.
Your property must meet the repairing standard, which means it must meet a specific set of conditions, including:
Electrical safety inspections have to carried out by a qualified electrician at least once every five years. Also, If you have any gas appliances, arrange for a safety check every 12 months, called an Annual Landlord Gas Safety Record. This should be done by a Gas Safe engineer.
You will have to get an Energy Performance Certificate (EPC) for your property and must include the rating in any advertising.
You need to give the Energy Performance Certificate (EPC) rating and include their registration number in all adverts.
Arrange viewings. If you are currently renting the property out, you have a responsibility to give your tenants at least 24 hours written notice of any visit to the property. Try to have viewings, where it’s possible, at a convenient time for your existing tenants.
Ask for references from a previous landlord, employer or friend. If these are satisfactory, arrange a moving in date with the tenant.
Give the tenants a copy of the tenancy agreement to read through, remember after 1 December 2017 all tenancies will be the new private residential tenancy, you can create a tenancy agreement by using the model tenancy agreement from the Scottish Government.
You also need to give your tenants the Annual Landlord Gas Safety Record certificate, Energy Performance Certificate (EPC) and electrical safety certificates. Tell them how to report repairs and emergencies.
Arrange payment of rent and deposit. Ask them to put the property address as the ‘reference’ if they pay by bank transfer so it’s easy to keep track.
Put the deposit straight into one of the approved Tenancy Deposit Schemes. You have to give it to the scheme within 30 days of the tenancy starting. Tell the tenant which Tenancy Deposit Scheme their deposit is in.
Inform your council of your tenant’s details and moving in date. Let your tenant know the council have their details for council tax purposes. Let the tenants know what council tax band the property is so they can work out how much their bills will be.
Look around the property with your tenant. Show them where the stopcock is to turn off the water supply, how to switch off the electricity and how to reset the electricity if a fuse blows.
Complete an inventory and take meter readings. You might want to take photos because this can help show the condition of furniture and carpets, for example. If there is any damage already, make sure you mention it in the inventory.
Arrange to visit in three months to check they are settling into their tenancy well. Put a date in your diary, a week from the move in date, to check your tenant(s) have returned the inventory and amend/discuss accordingly if there are any changes.