Policy
Private renting
Many people rent their homes from a private landlord. We are working to make sure that the sector is regulated, accommodation reaches an acceptable standard, tenancies are secure and the rights of landlords and tenants are understood.
- Private Residential Tenancy will replace the Short Assured Tenancy from December 2017
- letting agents must be registered from February 2018
- disputes will be solved by a new tribunal system
Actions
To improve standards across the private rented sector we are:
- leading private tenancy reform by introducing a new private residential tenancy, which will bring greater security and stability for tenants and landlords
- strengthening regulation and enforcement of standards in the sector and making information on tenants' and landlords' rights more accessible
- providing support with dispute resolution and fair rents for tenants and landlords
More information on renting a property and on being a landlord in Scotland is available on the mygov.scot site.
Background
The private rented sector in Scotland has undergone significant change in recent years, with more people choosing to rent privately.
'A place to stay, a place to call home: a strategy for the private rented sector in Scotland' details our vision for the private rented sector. It aims to improve and grow the sector for both tenants and landlords by enabling a more effective regulatory system, introducing tougher enforcement action and attracting new investment.
Bills and legislation
Rent (Scotland) Act 1984 – introduced regulated tenancy regime, regulation on deposits, clarification of illegal premiums and notice to quit regulation.
Housing (Scotland) Act 1987 – landlord’s identity requirement and serious disrepair regulation.
Housing (Scotland) Act 1988 – introduced assured and short assured tenancy regime, tacit relocation and change to notice to quit.
The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 – mandatory Houses in Multiple Occupation (HMO) licensing.
Antisocial Behaviour etc. (Scotland) Act 2004 – introduced landlord registration regulation.
Housing (Scotland) Act 2006 – Repairing Standard introduction, HMO licensing regime, Tenancy Deposit Scheme regulatory framework, landlord’s right of access and right to adapt properties.
Private Rented Housing (Scotland) Act 2011 – changes to the registration of private landlords, amendments to the HMO licensing regime, introduction of Overcrowding Statutory Notices and introduction of the Tenant Information Pack.
The Housing (Scotland) Act 2014 – introduced a first-tier tribunal to deal with disputes in the private rented sector. It also: gives local authorities new discretionary powers to tackle disrepair in the private rented sector; introduces a new regulatory framework for letting agents in Scotland; modernises site licensing for mobile homes sites with permanent residents; and places other new requirements on private sector landlords.
The Private Housing (Tenancies) Act 2016 – abolished the short assured tenancy and created the clearer and simpler private rented tenancy.
Contact
Email: ceu@gov.scot
Telephone: 0300 244 4000
Post:
Scottish Government
Housing and Social Justice Directorate
Victoria Quay
Edinburgh
EH6 6QQ