Landlord responsibilities
If you are the landlord of a privately rented property there are legal obligations you must abide by. You must:
- apply for a licence or registration
- seek permission from your mortgage provider and your insurer prior to renting the property
- ensure that your property is in a good state of repair and meets the tolerable and repairing standards
- ensure that your property meets the relevant gas, furniture and furnishings, electrical and water safety regulations
- tenancies created after 1 December 2017 must be 'Private Residential Tenancies'. You can no longer create 'Assured Tenancies' or 'Short Assured Tenancies.'
- give your tenant all the terms of their tenancy in writing (you can create a free Scottish Government model tenancy agreement online)
- pay any deposit taken (which can be a maximum of 2 months’ rent) into a registered tenancy deposit scheme.
Find more information in our Checklist for Private Landlords (PDF, 80kb).
Our scheme of assistance provides information, advice and practical support to help repair, maintain, improve or adapt homes.
Please note: the Scheme of assistance may not be fully accessible to all. If you require a printed version please contact the Tenant Participation Team: tenantparticipation@north-ayrshire.gov.uk, 01294 324869.
Pre-Tenancy Support Service
In 2019, A Pre-Tenancy Support Service for landlords was introduced, to provide free property inspections and tenancy agreement advice, which acts as a preventative approach to future property condition issues.
This Scheme is designed to help landlords get the best from their properties and make sure that they comply with the necessary legislation.
We can:
- Carry out a pre-tenancy Repairing and Tolerable Standard inspection;
- Give advice on what safety certificates you need;
- Signpost you to standard tenancy agreement templates;
- Give you information on how to find the right tenant for you; and
- Answer questions on what you need to do when setting up a new tenancy
For more information email psadvice@north-ayrshire.gov.uk
Private Sector Matters
We compile a Landlords Private Sector Matters magazine twice a year. It focuses on issues specific to landlords. Our Landlord Matters Spring/Summer 2024 Edition is now available.
The Private Sector Advice Team also provides private sector information and guidance to:
- homeowners
- landlords
- private tenants
This covers a range of private sector housing matters including property condition and tenant rights and responsibilities.
Standards of repair
Private rented accommodation must meet a certain repairing standard before it can be legally let out.
The Tolerable Standard
To be acceptable as living accommodation a house must meet certain standards of repair. This is known as the Tolerable Standard.
Empty homes
Our Empty Homes Loan Fund offers interest free loans to bring empty properties back into the affordable rented sector.
Accessible properties
Home2Fit allows you to advertise your property, for sale or to rent, highlighting its accessibility features and adaptations.
A private tenant, with a disability, should be able to make physical changes to their home to make it meet their needs. More information on adapting private rented properties is available.
Dealing with the death of a tenant
The death of a tenant can place a number of responsibilities upon a landlord including:
- liaising with any police investigations
- ensuring that cleaning and repairs are undertaken
- allowing relatives of the tenant access to the property to retrieve possessions
More information is available on dealing with the sudden death of a tenant.
The Tenement Management Scheme
If you own a flat within a tenement, your responsibilities in relation to the maintenance and upkeep of common areas are usually detailed in your title deeds. If not, the Tenement Management Scheme may help. This allows you and your fellow owners to work together as a group and identify areas of shared responsibility.
Waste
Properties that are let, residentially or commercially, are considered as a business. Waste from rental properties is classed as commercial waste and cannot be taken to any of our Household Waste Recycling Centres. Landlords attempting to dispose of waste in this way risk being prosecuted.
More information
We hold landlord events twice a year. For the next meeting date, see the housing consultation events page.
The Private Sector Advice Service is available to offer you support and advice on a variety of housing matters.
Guidance on maintaining your property, including details of how to find a qualified contractor, can be found on the Scottish Government website.
Under One Roof offers impartial advice on repairs and maintenance for flat owners in Scotland.
