If you decide to take the place, make sure you find out how much the deposit is, and if there are any other fees. If you are letting from an agency, they’ll usually have an admin charge and may charge you for insurance as well. The deposit is usually a month’s rent and you should get this back when you move out, providing everything is in order in the flat. If your landlord decides to keep some of your deposit back, ask why. If you don’t think it’s fair, argue your case: they might not realise that the paint was chipped when you moved it, or that the stain in the carpet had always been there.
With the deposit, fees, first month’s rent, and moving costs your first month is going to be pretty expensive. Keep that in mind when you’re planning your move.
You should be given a contract, and if you’re not you should ask for something in writing. In Scotland, you have the right to a written lease from your landlord describing the rights and responsibilities both you and the landlord have. While a verbal agreement is legal, it’s also hard to prove if anything goes wrong. Read over your contract, and you might want to consider calling the Shelter Helpline on 0808 800 4444 if you have any questions about it. You can also drop into your Citizen’s Advice Bureau and get them to go over it with you.
If you rent a flat or house from a private landlord you get either an assured tenancy or short assured tenancy. Your tenancy will be an Assured Tenancy unless your landlord makes it a ‘short assured’, by serving you with a special notice called an AT5 before the tenancy starts.
In an assured tenancy, the landlord has to give a “notice to quit” then, if you don’t want to leave, he/she has to get a court order. The court will only make an order in certain situations e.g. if you are three months behind with your rent.
A short assured tenancy is for a fixed amount of time – often six months (which is the minimum), or sometimes nine months or a year. When the time comes to an end you move out. If you don’t want to move out negotiate a new tenancy at least a month before the end. That way, if you don’t succeed, you still have a few weeks to sort out somewhere else to live.
Both types of tenancy allow you to give notice at any time that you want to leave. The amount of notice you need to give will be stated in the written contract.
It’s worth noting:
If you rent a room, or part of a house or flat, in which the owner also lives, you will normally have fewer rights, but it can be a good arrangement if you get on with the owner. Normally the rent can be changed only if you and the landlord agree, and if you or your landlord wants to end the arrangement written notice has to be given (usually a month).
If you pay your rent weekly, your landlord is legally bound to give you a rent book. It should contain their name and address, your address, and details of how much rent is paid each week or month. Never hand over cash, cheques or a giro until you get a receipt.
If the landlord doesn’t collect rent or won’t take it, they may try to get you out for non-payment of rent. To prevent this, set up a special bank or post office account and put your rent in it. Give the landlord a written note that you are doing this, and get a witness to see you give the note in person, or see you put it in the post.
If your landlord is the local Council, your rent is set by them and can be varied with four weeks notice. If you have a private or Housing Association landlord, rent is negotiated between you and the landlord. If you think rent rises are unfair, get advice and help.
The best places to go if you need advice is a Housing Aid Centre or Citizen’s Advice Scotland (CAS).
When you move in, the landlord should give you an inventory of everything that’s meant to be in the flat. It might be a pain to count every spoon and soup bowl, but it’s definitely worth doing. Check the inventory against what’s actually there. Make corrections, and note down the condition of things if they’re not in a great state. Send it back to your landlord, but make sure you keep a dated copy for yourself as well. When you move out, if the landlord claims things are missing or broken, this will be your only proof that they were like that when you arrived.
Once all the paperwork is done, you’ll get your moving in date and keys and you’re ready to go! Before your landlords disappear, be sure you know how to contact them in an emergency and what to do if something breaks down. And then, unlock your door and start making your flat your own.
Published on 08/07/2010
Last modified on 02/04/2012
© 2010 Young Scot Enterprise and its suppliers. All rights reserved.