Sources of useful information- Scottish law

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    Sources of useful information- Scottish law

    Useful Scottish Sources
    Scottish Landlord & tenant Law, indeed almost all Scottish Law, is different from England & Wales law: 2 simple examples – there is mandatory PRS Landlord registration in Scotland but not in England, there is mandatory securing of AST tenancy deposits in England but not in Scotland.

    Be wary of the many sources of information on the internet which may mislead!!

    Any errors or omission in this post, kindly advise by another post or PM the author. This document has not been subject to any formal review or approval, and is provided on an as-is basis with all risks to the reader.

    This wee document may hopefully signpost questing souls to helpful advice.. If not, apologies...

    Landlord Accreditation Scotland
    In particular their “Core Standards” which outlines “Best Practices” for Landlords see

    LaS runs courses for Landlords & Agents, free for “Scottish Association of Landlords” (see below) members. Highly recommended.
    A Landlord would be considered by some to be well advised to these standards, which were developed with the backing of the Scottish Government: These standards are however not all mandatory, and may not be all enforceable by law.

    Also at Communities Scotland...
    are “National core standards and good practice guidance for Private Landlords”, only 65 pages, included in which is a “Model Tenancy Agreement”, however, suggest you use SaL's..

    Scottish Association of Landlords (Largest Scottish Landlord Association..)

    SaL have many forms/documents available for download for members (membership tax-deductible)

    National Landlords Association (UK wide association, largest in UK)
    The NLA have, for members, within “Forms” useful downloads (e.g. tenancy agreements) and on-line training courses within “Landlord Library”

    Landlord Registration Scotland..
    All Landlords and letting agents for Private rented property in Scotland MUST be registered: Penalties for not complying include fines up to £5,000 and criminal conviction. You can search on the site for any particular address to find out if it is registered & the name & address of the Landlord.

    Shelter Scotland (Note, not the Shelter England site..)

    Shelter have a wealth of freely available advice on their website and from their help-line.
    Their help-line, if you have a housing problem, you can call free on 0808 800 4444 (now free to call from all six of the main UK mobile networks, Virgin, Orange, 3, T-mobile, Vodafone and O2, but charges may apply from any other network). Lines are open between 9am and 5pm, Monday to Friday. Remember, Shelter are a charity with very limited resources so you may have a wait on the ‘phone before you speak to anyone.

    There is a “Tenancy type checker” which may be helpful to point tenants to further info..

    Shelter Scotland has a helpful “Landlords Rights & Responsibilities”

    Shelter also has a “Landlords Quiz”

    & on Abandonment of Council Properties

    An example of an RSL Abandonment policy..

    Citizens Advice Bureau Scotland (Not CaB England!!).
    Citizens Advice Bureau Scotland advice guide
    Freely available information on many subjects, including “Home and Neighbourhood”

    Scottish Government, in particular advice on assured or Short assured tenancies..

    Info. on ending a tenancy

    Govan Law centre

    Their lists of advice centres in Scotland.

    Small Claims info.. (e.g. for tenant to recover a deposit from a landlord, or for a landlord to recover rent arrears from a tenant)

    Factors.. see

    HMOs – Scottish Govt. info., including a guide for landlords. Criminal Offence to operate an unlicensed HMO, or act as Agent for one.

    Fire info for Scotland


    Interesting/Relevant Legislation

    (To look up the text of any Act, see )

    Small Landholders (Scotland) Acts 1886 to 1931
    Accommodations Agencies Act 1953
    Conveyancing and Feudal Reform (Scotland) Act 1970
    Sex Discrimination Act 1975
    Race Relations Act 1976
    Tenant's Rights. etc (Scotland) Act 1980
    Civic Government (Scotland) Act 1982
    Rent (Scotland) Act 1984 (Premiums in charges to tenants illegal, eviction may be criminal: S22 – Harassment, fine and/or up to 2 years jail
    Housing (Scotland) Act 1987
    Housing (Scotland) Act 1988 (Assured tenancies, Short Assured Tenancies, written tenancy: Compensation of unlawful eviction/harrassment)
    Furniture & Furnishings (Fire) (Safety) Regulations 1988
    Electrical Equipment (Safety) Regulations 1994
    Disability Discrimination Act 1995
    Requirements of Writing (Scotland) Act 1995 (signed tenancy, with witness)
    Protection from Harassment Act 1997 (A UK-wide Act, note sections 8-11, Scotland in particular)
    Town and Country Planning (Scotland) Act 1997
    Gas Safety (Installation and Use) Regulations 1998
    Data Protection Act 1998 S35 – Date not protected if a court case..
    Unfair terms in Consumer Contracts Regulations 1999
    Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000
    Mortgage Rights (Scotland) Act 2001
    Homelessness (Scotland) Act 2001 (Landlord must notify council if evicting)
    Housing (Scotland) Act 2001 – Secure tenancies etc.., Abandonment of Secure tenacies in S17 & S18.
    Community Care and Health (Scotland) Act 2002
    Homelessness etc., (Scotland) Act 2003.
    BUILDING STANDARDS (SCOTLAND) REGULATIONS 1990 (AS AMENDED)Building Regulation Note 1/2003 (Windows)
    Building (Scotland) Regulations 2004.
    Criminal Procedure (Amendment) (Scotland) Act 2004
    Tenements (Scotland) Act 2004 (How to sack a factor)
    Antisocial Behaviour etc. (Scotland) Act 2004 –(Landlord Registration)
    Disability Discrimination Act 2005
    Fire (Scotland) Act 2005
    Housing (Scotland) Act 2006 (HMO Licensing, Repairing Standard, etc.) see guide at
    The Private Rented Housing Panel (Applications and Determinations) (Scotland) Regulations 2007
    Energy Performance of Buildings (Scotland) Regulations 2008 (Affix EPC to Dwelling!)
    Home Owner and Debtor Protection (Scotland) Act 2010
    Equality Act 2010 (implementing from 1/10/2010 onwards...)

    Illegal charges for tenants see.

    Unfair consumer terms in tenancies (these apply UK wide, not just Scotland)

    Unfair Terms in Consumer Contracts Regulations 1999
    & in particular..

    “Repairing Standard”
    To resolve disputes between landlords & tenants: Tenants should be given information regarding PRHP at the beginning of any private tenancy.


    AT5 (Issued before tenancy signed, one copy to each tenant).
    Section 33 Notice
    etc. etc.
    Scottish Government list of LL/T Forms

    Scottish Legal Terms

    Ish date: end date of tenancy
    Tacit relocation: tenancy will automatically continue either for the same duration or such other duration as the lease provides for subject to a maximum period of 1 year

    Document Version 04, last updated October 2010
    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...

    Adddendum #1

    a) List of legislation courtesy of Scottish Government...

    b) In particular these acts/regulations...
    Sheriff Courts (Scotland) Act 1907 ............. (Schedule1, s34.8, NTQ must be served by recorded mail or Sheriff Officer.)

    309, under Building (Scotland) Act 2003NO, through Scottish Statutory Instrument 2008 EC Directive 2202/91/ EU (Need for EPC)

    Statutory Instrument 1988 No 2067 (S.197) Assured Tenancies (Notices to quit prescribed information (Scotland) Regulations 1988)

    c) Tacit Relocation appears to be Common Law..
    If a notice to quit is not served by the tenant on the landlord or no notice of recovery of possession is served by the landlord on the tenant before the end of a tenancy agreement, the lease continues by tacit relocation. If the original lease was for a period of less than a year, the extension will be for the same duration. If the original period was a year or more, the lease will continue for a year (on a year by year basis until a notice to quit is served). Aside from the extended duration, the lease continues the same terms and conditions as the original lease.
    A short assured tenancy that continues by tacit relocation is still a short assured tenancy.
    - Housing (Scotland) Act 1988 S32(3).

    d) Right of access for Landlord...
    Housing (Scotland) Act 2006 S181(4) & S184.
    If the Repairing Standard applies to a tenancy the landlord can enter the house to inspect it or to carry out work to comply with the repairing duty or an RSEO. The right must be exercised at a reasonable time and notice of at least 24 hours is usually required.
    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...


      This may be useful here

      The Electrical Saftey Council have released electrical guidance exclusively for Scotland

      Hope this helps


        Scottish Government site..
        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...


          Two items that may be of interest: One on 6-month SaTs, the other on overcrowding by tenants (perhaps subletting/getting in lodgers...)

          Until yesterday I had understood a SaT had to be longer than 6 months (so I made mine 7-months,,) or it would fail the "at least 6 months" test and be found a AT, thus making evicting tenants much harder. However a 2012 court case has found, on whether a short assured tenancy met the minimum term of six months....

          Calmac Developments Ltd v Wendy Murdoch, Sheriff said where tenancy ran from 'the date of entry' and was signed in the afternoon, the term included the whole day on which the lease was signed. So tenancy was a short assured tenancy. See


          Don't know if anyone else had has problems with tenants packing the place lodgers, overcrowding, more damage, etc (well, I did... some years ago..) Turns out that it appears that if the tenant "overcrowds" and commits an offence then eviction is much easier...

          The Housing (Scotland) Act 1987 provides the legal definitions of overcrowding.
          see Shelter for more info...

          Possession proceedings

          If the occupier allows the property to become overcrowded then s/he will lose the protection of the Rent (Scotland) Act 1984 and the Housing (Scotland) Act 1988 as regards eviction.

          see H (S) A 1987 S145

          145 Recovery of possession of overcrowded house that is let.S
          —If the occupier of a house is guilty of an offence by reason of it being overcrowded—
          (a)nothing in the M1Rent (Scotland) Act 1984 [F1or in Part II of the Housing (Scotland) Act 1988] shall prevent the landlord from obtaining possession of the house;
          (b)the local authority after giving to the landlord written notice of their intention to do so may take any such steps for the termination of the occupier’s tenancy or for his removal or ejection from the house as the landlord could take.
          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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