New landlord basic questions

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    New landlord basic questions

    I am a first-time landlord. I have a small house in Scotland which is being let on a weekly basis to a single tenant on a word-of-mouth agreement on the rent and that she will clear out for holiday lets I obtain if I give two weeks' notice. All is amicable, and rent is being paid on time. I have had the house, which is a second home essentially, for many years but it only recently reached an acceptable, lettable condition.
    I am aware I probably need to have a contract with the tenant, although this might disturb the 'friendly' nature of the agreement. Can you point me to:
    a) where I can find an outline of my responsibilities as a landlord in Scotland,
    b) what are the potential risks in not having a contract, e.g. security of tenure after such-and-such a period of occupation?
    c) what other safeguards I should be taking.
    d) is the tenant normally responsible for the community charge, or is it me?

    Thanks in advance for any advice offered.

    #2
    There's a separate forum area for Scottish landlords and tenants - because the regulations are different than in England and Wales.

    But I think the arrangement that you have with your first tenant would be illegal in Scotland if the property is the tenant's home.
    Other people will probably know for sure.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      You have a contract with the tenant, a verbal tenancy contract (actually a PRT..) but proving what was agreed is hard, obviously.

      Your verbal agreement is unlawful in Scottish law. If only (presumably) as not a registered landlord liable for fine up to £50k. Plus many other legal breaches.


      Join Scottish landlords
      https://scottishlandlords.com/

      and do free courses with Landlord accreditation Scotland .
      https://www.landlordaccreditationsco...lord-training/


      What notice would that be under PRT ?? I can't think of a single one for what you describe that would be valid. And not for 2 weeks...

      Mind you I thought I knew what I was doing when I started in 2000. Expensive, complicated, long-drawn-out , legally tricky idiocies. Oh my stupidity, oh the hubris .

      Resolved to learn. Courses, following forums, read books, getting better but still making mistakes.

      See
      https://forums.landlordzone.co.uk/fo...l-legal-issues

      But note the "sticky" guide to info is very out of date and wrong..

      &
      https://www.propertytribes.com/forum...n=latest_posts

      &
      https://scotland.shelter.org.uk/hous...ential_tenancy

      &
      http://scotland.shelter.org.uk/legal

      -in particular
      https://scotland.shelter.org.uk/lega...ession_process

      Shelter Scotland are very good sources on information.

      The community charge was ended in 1993. When did tenant 1st move in please?

      Safeguard? Bribe tenant to leave, now, then get educated and start again, I 'umbly suggest.

      Slàinte mhath!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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