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If you rent your home from a private landlord (or someone acting on behalf of a landlord), or are considering private renting, it is important to know what your rights and responsibilities are in relation to your accommodation, and where to go for advice. Renting a property creates a legal relationship between you and the landlord. This means that you both have a number of rights and certain responsibilities or duties. This page provides a general guide to assured tenancies. You should consult a solicitor or Citizens Advice if you are not sure what your position is.
1. Finding Private rented accommodation
There are number of private rented properties, including furnished and unfurnished bedsits, flats and family-sized houses available to rent in Moray.
It is often the case that rented property is not advertised, so you should ask around and make it known that you are looking for accommodation. Remember that any reference you can supply to a prospective landlord may help (for example, a letter from your employer or a previous landlord stating that you were a good tenant).
2. Your Rights and Responsibilities
Your landlord must give you a written tenancy agreement. However, this will be different if you have a resident landlord (please read the Renting from a resident Landlord section on this page). The tenancy agreement should clearly state:
As the tenant you have the right to:
Your tenancy agreement should also say who is responsible for decorating the inside of your property and who is responsible for any maintenance and repairs inside and outside. You are responsible for making sure the fixtures, fittings, furniture and other contents are not damaged by negligence. Your landlord is responsible for keeping the following in good repair and working order:
Landlords must carry out a gas installation check before you move into the property and then checks every year, including any electrical appliances. You should get a copy of the gas safety certificate that has been issued by a CORGI-registered installer.
If you do not have a tenancy agreement or the one you have does not fairly reflect the terms of the tenancy, you can apply to the Sheriff Court to have one drawn up or to have the existing one adjusted.
If your accommodation is let as furnished accommodation, all upholstered furniture should meet the Furniture and Furnishings (Fire)(Safety) Regulations 1998 as amended by the Furniture and Furnishings (Fire)(Safety) (Amendment) Regulations 1990 and 1993. You can get a copy of this from your local library. These regulations set new levels for fire resistance for domestic upholstered furniture.
Depending on your circumstances, you may be able to get help with the cost of your rent, or part of the cost. You should get a 'pre-tenancy determination' before you move into the property, which will tell you the actual amount of Rent Allowance we may pay. This will help you decide whether you will be able to afford the rent before you sign the tenancy agreement. For more information or an application for Rent Allowance, contact your local Revenues Office.
5. Rent Deposit Guarantee Scheme
We run a Rent Deposit Guarantee Scheme. Contact the Homelessness Project Officer (Private Sector) for more information.
6. Renting from a resident landlord
In general terms, your landlord is a resident landlord if immediately before your tenancy starts and at all times during the tenancy, you both live in the same building and it's your landlord's only or main home. There must also be direct access such as a doorway between your part of the house and the landlord's. If you have a resident landlord, you do not have the same rights as a tenant whose landlord does not stay in the same property. However, you will have some rights (for example, your landlord will usually have to give you a written Notice to Quit when they want you to leave and you will be protected against harassment and unlawful eviction). In most cases your landlord would need a court order to remove you from the property. However, if you share living accommodation with your landlord, they may not need a court order.
In most resident landlord tenancies, your landlord can only change your rent if you and your landlord agree to the new rental figure. If tenancies were granted before 2 January 1989, you and your landlord have the right to an independent rent assessment to decide on the level of rent charges.
The law relating to renting from a resident landlord is very complicated and will depend on the circumstances of each case. You should contact a solicitor or Citizens Advice if you have any disputes with your resident landlord.
If you are considering renting a property which you will be sharing with more than one other household, you must ask the landlord whether they are licensed as having a 'house in multiple occupation' (HMO). Ask to see the licence certificate and make sure it is up to date. It is in your interest not to accept shared accommodation from an owner who is not licensed. The Scottish Executive have published an advise leaflet: "Houses in Multiple Occupation: a guide for tenants" which may help you. Check with Citizens Advice or our Environmental Services if you need more information.
8. Adaptations if you are disabled
If you are disabled and need extra support in your property such as bathroom adaptations, extra heating, handrails and alterations to accesses, you might be eligible for a community care grant from us. However, you cannot do this unless your landlord has agreed for these improvements to be carried out. Contact your local Social Work office for more information.
If you need extra support, such as home care, so you can live as normal a life as possible in your home, you should contact your local community care team for more information.
10. Notice to end a tenancy and get repossession
If you are a tenant who has received a Notice to Quit, or your landlord asks you to leave your accommodation or tells you that they have begun court proceedings for possession, you should not move without speaking to a solicitor or an experienced advisor from the Citizens Advice Bureau, Housing Needs Section or Shelter.
11. Protection against harassment and unlawful eviction
A landlord must do the following before gaining possession of the property:
If the landlord fails to get a court order and tries to turn you out of your home, he or she may be committing a criminal offence. Similarly, if they try to make you leave by intimidation, violence, withholding services such as gas or electricity or any other sort of interference, this is also illegal and you should contact a solicitor, Citizens Advice or Shelter for more details on your rights and responsibilities.
Housing Options Guide
Housing Support
Housing Benefit
Council Tax Benefit
Home Improvement and Repair Grants
Security and Crime Prevention
Leaving Home
Further information on private rented accommodation is available here and here