Guide

Becoming a private landlord

Registering as a private landlord

All private landlords, with some limited exceptions, have to register as a private landlord.

General guidance

Read the Scottish Government's private renting policy (gov.scot website).

Providing a tenancy agreement

You must give your tenant a tenancy agreement when they move into the rental home.

Tenancy agreements list certain information, rights, and responsibilities between you and your tenant, such as:

• your name
• the tenant's name
• the address of the property they'll be renting
• the date the tenancy began
• whether other people are allowed to use the property
• how much rent they'll need to pay, when to pay it, and how to pay it
• how often and when their rent can increase
• who will pay the council tax and utility bills
• whether you'll provide any additional services
• how much notice you and your tenant must give before one of you can end the tenancy.

Learn more about tenancy agreements (Citizens Advice Scotland website).

If you do not meet your obligations

If you fail to meet any of your legal obligations as a landlord, your tenant can raise this with the Housing and Property Chamber of the First-tier Tribunal for Scotland.

Where the Housing and Property Chamber establish that the landlord has not met the requirements of the repairing standard or complied with their duties set out in relevant housing law, they can take enforcement action, which might include serving a Rent Penalty Notice.

Landlords who fail to maintain their private rented property risk being removed from the register of landlords.

See more information about your responsibilities for repairs (Housing and Property Chamber website).

Our guide for private tenants

See what information and guidance we provide for private tenants.

Houses of Multiple Occupation (HMOs)

If you rent your property out to 3 or more unrelated people, you'll need a Houses in Multiple Occupation (HMOs) licence. To get an HMO licence, you must be able to show that:

• you meet your responsibilities in relation to common repairs
• all property is clean and well maintained
• all relevant gas and electrical certification is up to date
• fire escape routes are well maintained.

Fire safety

As a landlord, you're responsible for your rented property being compliant with fire and safety standards.

The council has enforcement powers for safety standards of homes if a landlord does not install the correct systems in their rented properties, as it poses a safety risk to tenants.

If you make an insurance claim and your property is not compliant, your claim may fail.

Every Scottish home must have:

• 1 smoke alarm in the living room or the room you use most
• 1 smoke alarm in every hallway or landing
• 1 heat alarm in the kitchen.

All smoke and heat alarms should be mounted on the ceiling and be interlinked.

Interlinked means if one alarm goes off, they all go off, so you will always hear an alarm wherever you are in the property.

If there's a boiler, fire, heater or flue in any room, there must also be a tamper-proof carbon monoxide detector in that room. The detector alarm does not need to be linked to the fire alarm system.

You can read more information about the law on fire and smoke alarms (Scottish Government website).

Antisocial behaviour

All landlords have a responsibility for monitoring and dealing with complaints relating to antisocial behaviour by their tenants or their visitors. We'll investigate all complaints of antisocial behaviour.

Learn more about antisocial behaviour.

Evictions

There are certain processes you must follow if you're planning on evicting someone. This is so we have plenty of notice when someone is at risk of losing their home.

Find out what you must do if you're evicting someone or repossessing their home.

This guide covers some of the responsibilities you must if you're a private landlord or planning on becoming one.

What common areas are

When you buy a flat, you take on rights and responsibilities for the common areas and parts of the whole building.

You jointly own these common areas and parts with other owners in the building. Common areas and parts include:

• foundations and outside walls
• chimneys, stacks and vents
• the close and staircase
• bin stores and back courts
• the roof
• gutters, downpipes and drainage system
• door entry system
• common paths.

Who is responsible for common area repairs

If your building's common areas need to be repaired, every owner must pay a share of any common charges for works and services.

Your title deeds normally tell you about your rights and responsibilities for your own property and for your shared responsibility for the whole building. They may also detail your proportional share of common costs and your obligations to manage and maintain the building jointly with the other owners.

If all of the flats in a building do not have the same conditions set out in their deeds, you should get advice from a solicitor or refer to legislation under the Tenements (Scotland) Act 2004 (GOV.UK website).

You may decide that the easiest way to handle maintenance and repairs is to hire a property manager or factor to take care of it for you. However, you may decide to self-manage the building, meaning that you and your co-owners would carry out any management work directly.

Property that's jointly owned with the council

Most council flats are in buildings which are jointly owned with private homeowners. Cooperation and participation from all owners is  essential in securing common repairs and improvements in these buildings.

We will not carry out repairs or improvements without consulting other owners within the building first. However, we can carry out common repairs if a majority of owners agree to the work. We'll also intervene if emergency common repairs are needed, particularly when a problem that needs repairing directly affects a council-owned property.

We'll assess and prioritise other, more general repairs that owners or tenants report. We might need to defer some jobs due to budget restrictions.

Grants for common repairs works are generally no longer available from the council. However, owners may receive grant assistance as part of council-led major investment works carried out in mixed-tenure block properties.

See the Common Repairs and Property Management leaflet, which explains how we can get involved in buildings where we own flats alongside private owners.

Advice on repairs and maintenance for flat owners

See the Under One Roof website for useful information for homeowners about common areas, including:

• articles on flat owners' legal responsibilities towards their co-owners
• technical information to enable owners to identify repair problems
• technical information to enable owners to understand quotations from builders
• drawings and photographs to help owners identify the various parts that make up their building
• sample letters for use when corresponding with your neighbours
• advice on dealing with owners who refuse to participate in repairs.

Contact us

For more information on organising common repairs, email us at ownersenquiries@renfrewshire.gov.uk.

If you own your home, you're responsible for helping to maintain and repair common areas of your building. Read this guide for information, advice, and to learn what your responsibilities are.

Small repairs to your home

Through Care & Repair Renfrewshire's small repairs service, you can get repairs done to your home, such as:

• small joinery repairs
• small electrical and plumbing repairs
• some general support, such as hanging curtains and turning mattresses.

The labour is free. You'll just need to pay for any materials used.

You can use the small repairs service if you either:

• 60 or older
• disabled
• the parent or guardian of someone who gets a disability or sickness benefit including Disability Living Allowance (DLA), Personal Independence Payment (PIP), Attendance Allowance, or Employment and Support Allowance (ESA).

Learn more about the small repairs service (Care & Repair Renfrewshire website)

Adaptations to your home

If you or someone you live with has difficulty getting in and out of your home, it may be possible to adapt your house to make it more suitable for your needs.

An occupational therapist from our social work services can visit you to discuss your requirements. They'll be able to suggest adaptations that can help you get the most out of your home.

We may be able to help you with the cost of any equipment or temporary adaptations that the occupational therapist recommends. If they recommend a permanent adaptation, you may be able to get a grant to help you meet the cost.

This grant will cover 80% of the cost of the work. Depending on your financial circumstances, you may be able to get a higher level of grant support for up to 100%.

Learn more about adapting your home

Getting permission from your landlord for adaptations

If you're a tenant of a private landlord, you'll need your landlord's permission to make any adaptations to your home. You have a right to adapt the property you live in, so your landlord should not refuse permission without a good reason.

Council tax 

If your home is specially adapted to meet your needs, you may be able to get to a council tax discount.

Learn about council tax discounts on homes adapted for people with disabilities

Contact us

Email us at ownerservices.hps@renfrewshire.gov.uk if you have questions about adapting your home.

This guide lists some help and support available for older or disabled home owners and private tenants.

We have separate information for people living in council housing.

Before you start renting

Landlord registration

To check that someone is a registered landlord, you can either:

• search for their name on the Scottish Landlord Register website
• search for their name on the Landlord Accreditation Scotland website
• phone us on 0300 300 0300 and ask us.

If you’ve checked these sources and you’re still not sure that a landlord is registered, we recommend that you do not rent a property from them.

Your rights

Learn what your rights are as a private tenant (Scottish Government website), including rights about:

• rent increases
• the rent adjudication process (you can ask for an independent review if you think your rent increase is unreasonable)
• repairs and maintenance
• eviction rights.

Tenancy agreement

Your landlord must give you a tenancy agreement when you move into your rental home.
Tenancy agreements list certain information, rights, and responsibilities between you and your landlord, such as:

• your name
• your landlord’s name
• the address of the property you’ll be renting
• the date the tenancy began
• whether other people are allowed to use the property
• how much rent you’ll need to pay, when to pay it, and how to pay it
• how often and when your rent can increase
• who will pay the council tax and utility bills
• whether your landlord will provide any additional services
• how much notice you and your landlord must give before one of you can end the tenancy.

Learn more about tenancy agreements (Citizens Advice Scotland website).

Council tax

Tell us about a change of address for council tax 2 weeks before you move into your new home.

When you’re moving in

Inventory

Your landlord may give you an inventory, which is a list of all items that were in the property when you started renting.

If your landlord does not provide an inventory, we recommend that you make your own list of these items and give a copy to the landlord when you move in.

Energy performance certificate

An energy performance certificate is a document with information about:

• how energy efficient a building is
• how the efficiency could be improved.

Buildings are rated on a scale from A to G, with A being the most efficient.

Your landlord must give you a free copy of the property’s energy performance certificate when you move in. It should match the one they used when advertising the property.

Learn more about energy performance certificates (Scottish Government website).

Once you’re living in the property

Repairs and maintenance

Your landlord is responsible for any repairs needed to make sure your home meets all legal standards, called the ‘Repairing Standard’. This includes things such as making sure the property:

• meets the ‘Tolerable Standard’, which is a basic habitability standard that all properties in Scotland must meet to ensure they are suitable for people to live in
• is wind- and watertight
• is structurally sound
• has a satisfactory food storage area and food preparation space
• has no appliances or other fittings in disrepair (anything provided must be in good working order).

Learn more about the Repairing Standard (Scottish Government website).

Your landlord must also arrange annual gas safety checks on gas appliances and check any electrical equipment in the property.

You should tell your landlord if you need something repaired. We recommend you do this in writing – for example, by email.

You need to give your landlord reasonable access to the property so they can do the repairs.

If your landlord will not do essential repairs, you can make a complaint to the Housing and Property Chamber.

Learn more about your landlord’s responsibilities or make a complaint (Housing and Property Chamber website).

Damages

You must pay for any damages you cause to the property.

You must replace any of the items in the inventory that become lost or broken during your tenancy.

If you’re planning on moving out

You must give your landlord at least 28 days' notice in writing if you want to end your tenancy, unless you ask for shorter notice and they agree in writing.

The notice period will begin on the day your landlord gets your notice and will end 28 days after that date.

You and your landlord can agree a different notice period, but this must be in writing and can only be done once you’ve started to live in the property.

Your landlord cannot require you to give a longer notice period than 28 days.

Learn more about ending your tenancy (Scottish Government website).

Evictions

Your landlord can only evict you (end your tenancy and make you move out) for specific reasons. These are called ‘grounds for eviction’.

Learn about grounds for eviction (Scottish Government website).

Your landlord should give you a ‘notice to leave’ to evict you. This is a legal document that includes:

• that you must leave the property
• the reason they’re asking you to leave (the ground for eviction)
• your notice period (how long you have until you must move out).

Learn what to do if you think you’re being illegally evicted (Shelter Scotland website).

Get help adapting your home for disabilities

If you or someone you live with has difficulty getting in and out of your home, it may be possible to adapt your home to make it more suitable for your needs.

This guide is for private tenants – people who rent their home from a private landlord, not the council.

We have separate information for people living in council housing.

Travelling during bad weather

If you must travel during bad weather, make sure you:

• keep up to date with the latest weather forecasts, and check them a day or more in advance
• consider alternative routes and modes of transport in case your preferred route is unavailable
• allow extra time for your journey
• tell someone your destination and when you expect to arrive
• ensure your mobile phone is charged before you set off
• wear clothes that are appropriate for the weather.

Public transport

Check for public transport disruptions before you start your journey (Traveline Scotland website).

Walking or cycling

When cycling or walking, wear clothes that ensure you’re visible to road users. Your clothes should be light, bright and reflective. 

You should also wear clothes that are appropriate for the weather.

If cycling, consider treaded tyres for slippery surfaces. Regularly give your bike a routine maintenance check.

Driving

Before travelling by car during bad weather, make sure you:

• check the latest traffic updates (Traffic Scotland website)
• ensure your tyres are at the correct pressure and are in good condition
• check that your bulbs are all clean and working
• keep your washer levels topped up and have checked that your wiper blades are working
• check your fuel, brake fluid, anti-freeze, water and oil levels
• check the terms of your breakdown cover – if you do not have breakdown cover, you should look into getting this
• pack an emergency car kit.

Emergency car kits should include:

• a torch
• spare batteries
• a change of clothes and shoes
• a blanket
• long-lasting food and water
• a first aid kit
• battery jump leads
• a map
• an ice scraper, de-icer, towel and snow shovel.

Read the information on this page to help prepare for travel during bad weather and make sure you stay safe.

Power cuts

Power cuts could happen at any time.

Read these tips to help you prepare for a power cut and loss of other utilities (Ready Scotland website).

Phone 105, now your power provider, if you have an unexpected power cut.

Read these tips on what to do during a power cut (Scottish Fire and Rescue Service website).

Planned power cuts

Planned power cuts could last for several hours. This ensures power providers share the power supply fairly with their customers. Power providers will usually let you know if to expect a planned power cut, but this might not be possible during an emergency.

Loss of water

Check if there are any water outages in your area (Scottish Water website) if you lose your water supply.

Contact Scottish Water (Scottish Water website) if you need to speak to someone about it.

Loss of gas

Phone 0800 111 999 to report a gas emergency to the National Gas Emergency Service.

It’s important to be prepared in case your home ever has a loss of utilities.

Read the information on this page to help prepare for a loss of your power, water or gas supply.

What you can do in your community

Emergencies affect people in different ways. They disrupt people's lives and can affect the way people cope. When living in a community, it’s a good idea to think about the people in your surrounding area.

You could:

• keep a list of phone numbers of vulnerable neighbours and relatives
• visit older neighbours and ensure that they have what they need and know that you’re there if they need support
• offer to help with shopping or any other essential tasks
• if there is ice or snow, clear it from pathways around your home and your neighbour's home
• encourage younger people to help older generations.
• All work done by the community should be safe and appropriate. We do not expect anyone to take unnecessary risks during an emergency.

Community Risk Register

A Community Risk Register helps inform the public of a range of potentially disruptive events to the local area based on current risk assessments.

If a particular risk is on your community’s register, it does not necessarily mean that the risk will happen.

Find the Community Risk Register for your area (Fire Scotland website).

Community Resilience Plan

A Community Resilience Plan is a way for your community to come together to think about what it could do to:

• be prepared for an emergency
• assist the emergency services during an emergency.

Local people will be key to getting information around communities during an emergency.

Our Civil Contingencies Service can provide advice and guidance for your community group to help create a Community Resilience Plan. Email them at ccs@renfrewshire.gov.uk

Learn more about community resilience (Ready Scotland website).

British Red Cross emergency apps

The British Red Cross has free apps available to help you prepare for emergencies.

Browse emergency apps on the British Red Cross website.

The resources, knowledge and networks of local communities can be very helpful during an emergency.

The emergency services may be unable to assist or reach the scene of an emergency immediately. If this happens, the initial response may depend on the local community.

This is not about doing the job of the emergency services. It’s about supporting your community and those in it by preparing and using the skills and knowledge within the community.

Read the information on this page to help prepare your community for emergencies.

How to prepare your business for an emergency

Your business could be severely affected by an emergency.

Taking the time now to consider how you would cope will better equip your response to an incident.

For example, have you planned how you would carry on your core business if your premises were affected by a fire or a flood?

To help your response to an emergency, you can:

• prepare a business grab bag
• create a business continuity plan.

Business continuity planning

1 in 5 organisations suffer a major disruption every year.

80% of businesses affected by a major incident – that do not have business continuity planning arrangements in place – either close within 18 months or never re-open.

Business continuity planning will help you to understand and manage the risks to the everyday risks faced by your organisation. 

It will help you prepare for emergencies or disruptions by planning different ways of working that enable you to continue to deliver key functions.

View our business continuity planning leaflet to  help you assess your current business continuity planning arrangements. It also has ideas to improve the resilience of your business.

Our Civil Contingencies Service can offer further information and advice on business continuity planning. Email them at ccs@renfrewshire.gov.uk

Cyber security and information assurance

Companies or individuals who initiate active attacks on others may do so for a range of reasons, such as to breach national security or to take part in acts of terrorism, crime, or industrial espionage.  

To protect against such attacks, the Centre for the Protection of National Infrastructure (CPNI) advises businesses to consider the following questions and to keep these under constant review:

• who would want access to your information, and how could they acquire it
• how could they benefit from its use
• can they sell it, amend it or prevent staff or customers from accessing it
• how damaging would loss of data be, and how would it affect your operations?

Carelessness is the cause of many cyber failures – for example, failure to encrypt a USB stick or when staff ignore corporate procedures regarding external emails.

Here are some steps you can take to ensure the safety of your information and to minimise the risks of a successful cyber-attack:

• keep track of authorised and unauthorised devices and software
• organise both hardware and software on laptops, workstations and servers
• continually review vulnerability assessments
• install defences against harmful software
• introduce and promote training for staff
• limit and control network ports
• control use of desktops – for example, using strong passwords that follow known standards
• keep detailed logs identifying the location, malicious software deployed, and activity of the machine affected
• control access to facilities, information and systems on a need-to-know basis
• monitor staff accounts appropriately
• establish data loss prevention techniques
• embed incident response plans to protect your organisation’s reputation
• maintain a secure network
• reinforce staff messages around vigilance – for example, only opening emails from trusted senders and reporting breaches of security.

More information

Here are some non-council resources on preparing your business for emergencies:

• business continuity in an emergency (Ready Scotland website)
• the Business Continuity Institute website
• the National Cyber Security Centre website
• the Cyber and Fraud Centre Scotland website.

It’s important to be prepared for a range of emergencies that could affect your business, including:

• physical emergencies, such as fire or flood
• cyber emergencies, including cyber attacks.

Read the information on this page to ensure you’ve prepared your business for emergencies.

Emergency supplies at home

You should aim to keep a range of supplies that can meet essential household needs for at least 3 days.

These could include:

• radio (and spare batteries) or wind-up radio
• torch (and spare batteries)
• candles and matches
• first aid kit
• details of local radio station frequencies
• copies of important documents, such as insurance policies and your household emergency plan
• bottled water and long-lasting, ready-to-eat food with a tin opener
• pet food, if needed
• spare keys to your house and vehicle
• spare glasses or contact lenses
• toiletries and prescription medicine (including for pets)
• pen and paper, penknife, and whistle
• wellies and waterproof clothing.

Additional checks to protect your home

Make sure you have household insurance that meets your needs and that you store important documents safely.

Familiarise yourself with the location of all your utility stop cocks in case you need to disconnect your water, electricity or gas supply.

If you or a member of your family has a specific health or medical problem that requires a permanent utility supply of water, gas or electricity, contact your supplier to register these details.

If you must evacuate your home

You should prepare a 'grab bag' with the items listed below ready in case you need to evacuate. 

You might need this at short notice, so you should keep the bag in a place that’s easy to reach.

Include these items in your grab bag:

• any medication you might need
• glasses or contact lenses
• first aid kit
• essential keys including house and car
• cash, credit and debit cards
• passport and any other important documents
• a change of clothing, footwear and sleeping attire
• washing, shaving and sanitary supplies
• any special items for babies, children, elderly and disabled people
• a torch, very small radio, and batteries
• mobile phone and charger
• supply of appropriate food and water
• bottle and can openers.

Make a household emergency plan

A household emergency plan is easy to make and can help you prepare for an emergency. 

Include these items in your household emergency plan:

• an emergency contact – someone who has agreed to contact you in the event of an emergency to ensure you’re okay
• important contact numbers and details – such as schools, carers, childminders, vets, workplaces, doctors, utility suppliers and any other important contact details
• meeting place details in case you and your family need to meet at a safe and suitable place – you should identify a place close to your home, and another that is further away, and ensure that everyone knows these locations
• contact details for your friends and any vulnerable people that live nearby – so you can check on them if it’s safe to do so
• any arrangements for emergencies that occur while you’re on holiday.

You should create more specific plans if you live or work near potentially dangerous places such as chemical plants or flood-prone areas.

It’s important to be prepared for a range of emergencies that could include:

• staying at home for an extended period
• evacuating your home.

Read the information on this page to ensure you’ve prepared your home for emergencies.

Snow and ice

Gritting

Read our full guide on gritting in winter weather, which covers:

• what roads and footpaths we'll grit
• how to find and use grit bins
• how to report a road that needs clearing
• and more.

Supporting those around you

If you're worried about a relative or elderly neighbour, get advice by:

• phoning us on 0300 300 0300
• phoning the Age UK helpline on 0800 678 1602 (8am to 7pm every day).

If you're concerned that the person may have hypothermia, phone 111 to contact NHS 24.

Get more tips on preparing for and coping with the winter months (Ready Scotland website).

Flooding

Report blocked drains or severe flooding

Report a blocked drain or flooding issue online.

If it’s an emergency, phone us on 0300 300 0380.

Find out if you live in a flood risk area

Find out if you live in a flood risk area (SEPA website). Enter your postcode to see a map showing flood risk in your area.

To get flood updates, you can:

• sign up for flood updates (SEPA website)
• check with Floodline by phoning 0345 988 1188.

Check expected flooding in the next three days (SEPA website).

How to prepare for flooding

Get information about preparing for flooding on the Ready Scotland website.

The information includes:

• how to prepare a food plan and family emergency kit
• steps to take to prepare your home for flooding
• what you need to remember during a flooding incident.

Our priorities during a flooding incident

Our priority at the council is to act immediately on any threat or danger to life. We work closely with the emergency services in sharing our resources.

We’ll have teams on site at known hotspots to clear standing water and clear overwhelmed drains.

We may have teams working to take down dangerous trees if the flooding is accompanied by gale force winds.

Evacuation from an area (by us or emergency services) is done only when absolutely necessary. In the event of evacuation, we’ll set up a rest centre close by to accommodate you.

How to recover from a flooding incident

Get information about recovering from flooding on the Ready Scotland website.

The information includes:

• steps to take before attempting to re-enter your home
• tips on who to contact for help
• resources for those affected by flooding.

Frozen pipes

Avoid frozen or burst pipes

Ensuring pipes and water tanks are insulated is an easy, affordable way to protect your home from winter weather.

Find out how to protect your pipes from freezing and bursting (Scottish Water website).

If your pipes freeze or burst:

• turn off the stop valve immediately – this is usually located under the sink or close to the hot water system
• turn on all cold taps to drain the system – do not turn on hot taps, as this can cause the hot water cylinder to collapse
• flush all toilets – collect water in the bath for washing and flushing the toilet, if needed
• switch off the central heating and immersion heater.

Ensure that you have a number for a registered plumber if your pipes do freeze or burst.

If the issue is with a burst water main, phone Scottish Water on 0345 601 8855.

If you live in a council home

Find out more about preventing frozen pipes or reporting a burst pipe.

If you live in a council home, find out how to report a housing repair.

Fallen trees

Phone us on 0300 300 0380 to report a fallen tree.

As a council, we’re prepared to deal with winter or severe weather before, during and after it happens. This is to ensure that we keep you safe and moving throughout the winter period.

Read the information on this page to ensure you’re prepared for:

• snow and ice
• flooding
• frozen pipes
• fallen trees.

Check UK weather warnings (Met Office website).