Private tenants

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This page contains information about:

• renting from a private landlord
• tenancy agreements
• your responsibilities as a tenant
• 'repairing standard' legislation
• the Private Rented Housing Panel (PRHP), and
• evictions.

Renting from a private landlord

The council has produced a guide to private renting which provides useful information for people who are thinking about renting a home in Renfrewshire:

Guide to private renting (pdf - 615 KB)

There are a variety of different properties available for rent in Renfrewshire, ranging from flats to detached houses. Properties that are occupied by three or more unrelated tenants are known as Houses in Multiple Occupation (HMOs), and need a special licence.

You should only rent from landlords registered with the council. To check whether a property or landlord is registered, contact the Licensing Section on 0141 840 3205 or email privatelandlord.licensing.cs@renfrewshire.gov.uk.

If you have any doubts as to whether a landlord is registered, we recommend that you do not rent their property.

Look out for this logo as this highlights landlords who are not only registered with the council but have also been accredited by the Scottish Government in association with Landlord Accreditation Scotland. These landlords have adopted high standards of care and management.

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Tenancy agreements

You should expect to receive a written agreement at the start of your tenancy which sets out your rights and responsibilities as well as those of your landlord. There are various types of tenancy agreements but the most common in new private lets is a 'short assured tenancy', which guarantees a minimum of six months residence for tenants, assuming the relevant conditions are met.

A tenancy agreement will normally include:

• details of the amount of rent you will pay
• period of payment
• method of payment
• any review period for changing rent levels
• your responsibility for payment of council tax
• service charges
• utility and other charges

Landlords must also carry out annual gas safety checks on gas appliances and check any electrical equipment in the property. Your landlord should also provide you with a copy of an energy performance certificate, which should be displayed in the property you rent.

Gas safety checks (pdf - 151 KB)
Energy Performance Certificate (pdf - 84 KB)

A landlord may also provide you with a list of all items, known as an inventory, in a property. We recommend that you make a list of all items should your landlord not provide this inventory.

You may also find it useful to have a look at our online landlord information pack, which contains a range of information on landlord responsibilities.

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Your responsibilities as a tenant

As part of your responsibilities under your tenancy agreement, you are expected to look after the property you rent, pay rent on time and tell your landlord about any repairs that are needed.

You are also responsible for the repair of any damages to the accommodation, or the replacement of any of the fixtures, fittings and items in the inventory that are lost or broken.

You also need to give the landlord reasonable access to the property.

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The 'repairing standard'

The repairing standard was introduced by the Scottish Government in 2007 and outlines a basic level of repair that all private rented accommodation must reach. To meet the standard, landlords mae sure that a property is:

• wind and watertight
• structurally sound
• has appliances that are in proper working order, and
• has operational smoke alarms installed.

Private landlords must carry out repairs to make sure that their property meets the requirements of the repairing standard. If a repair is needed, you should formally notify your landlord, preferably in writing, of the need for repair. If your landlord fails to carry out the repair within a reasonable timescale the repairing standard gives you the right to lodge a complaint with the Private Rented Housing Panel (PRHP).

More information on the repairing standard can be found in this leaflet:

New rights for private sector tenants (pdf - 1.09 MB)

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Private Rented Housing Panel (PRHP)

The Private Rented Housing Panel (PRHP) has powers to insist that a landlord meets the requirements of the repairing standard.

Before the PRHP is able to intervene, you must provide evidence that your landlord has failed to carry out a repair to a property.

If your landlord is found to have been negligent in not completing a repair, the PRHP can serve an enforcement order or a rent relief order, meaning that you can withhold your rent until the outstanding repair has been carried out. If a landlord fails to maintain their property, they may also be removed from the register of landlords.

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Evictions

A landlord cannot evict you from your home unless they follow certain legal procedures. Section 11 of the Homelessness Persons Act 2003 outlines the responsibilities placed on landlords. These include:

• sending you a legal notice telling you that they intend to ask the court for permission to evict you, and
• sending you a 'notice to quit'.

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Find out more

If you have any questions or concerns about your landlord and need more advice please contact us at ownerservices.hps@renfrewshire.gov.uk or by phoning 0141 847 6240.

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