Your Rights as a Tenant in Scotland: A Guide from HISA Advice Service
Finding and renting a place to live is a big step, and as a student, you have certain rights to ensure your tenancy is safe and secure. Understanding these rights can make a huge difference if issues arise, and the Advice Service is here to help you every step of the way.
1. Security of Tenure
In Scotland, most students will have a Private Residential Tenancy (PRT), designed to provide tenants with stability and flexibility. Unlike traditional leases that have a fixed end date, PRTs are open-ended. This means your tenancy continues until you leave or your landlord has a valid reason to terminate it. This arrangement offers a level of protection, allowing you to remain in the property if you adhere to the terms of your lease.
2. Protection Against Unfair Eviction
Your landlord cannot evict you without a proper legal process. They must provide a formal Notice to Leave, explaining the eviction grounds and the required notice period based on your tenancy duration. Evictions are only allowed in specific situations, like selling the property or breaching the tenancy agreement. If your landlord tries to evict you unlawfully, seek immediate support from HISA.
3. Repairs and Maintenance
Landlords must maintain a safe and liveable property, including repairs to heating, water systems, and structural issues. Report necessary repairs in writing and keep a record.
If repairs aren’t completed in a reasonable time, you can escalate the issue to your local council or housing tribunal. HISA can offer advice and help connect you with additional support if needed.
4. Rent Deposit Protection
When you pay a deposit, it must be placed in a government-approved tenancy deposit scheme within 30 days to ensure its safeguarding. If there’s a dispute at the end of your tenancy, the scheme offers a free resolution service, helping you get your deposit back promptly, provided there are no damages or unpaid rent.
5. Privacy and Right to Peaceful Living
As a tenant, you have the right to privacy and to enjoy your home peacefully. Your landlord must give you at least 24 hours’ notice before entering your home, except in emergencies. If your landlord enters without your permission or harasses you, this is a violation of your rights. Keep a record of these incidents and contact HISA for advice on what to do next.
6. Financial Protections and Rent Increases
If you're having trouble paying your rent, you have options for support, like payment plans, to help with arrears. Landlords can raise rent but must follow certain rules, including giving you notice in advance. In some cases, Scotland may introduce rent freezes or caps to protect tenants from large increases.
7. Ending a Tenancy
If you are a tenant in a PRT, you can end your tenancy with just 28 days' notice. This makes it easier to move if your situation changes. Before you move out, make sure you follow all the requirements to get your deposit back. This includes cleaning and taking care of any minor repairs. It’s also a good idea to take photos of the property’s condition before leaving to avoid disputes.
How the Advice Service Can Help
Navigating housing as a student can be challenging, but understanding your rights is key to ensuring a positive renting experience. We encourage you to reach out to the HISA Advice Service for assistance with any tenancy questions or issues you may face during your studies. Whether you're uncertain about your tenancy agreement, dealing with repair concerns, or facing potential eviction, we're here to support you.
HISA can help connect you with valuable resources like Shelter Scotland and Citizens Advice for additional guidance. Being informed about your rights empowers you to make confident decisions as a renter, contributing to a smoother experience throughout your tenancy.
Please don’t hesitate to contact HISA with any concerns. We're committed to helping you protect and exercise your rights as a tenant in Scotland.