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The Private Rented Housing Market in the Highlands
The private rented sector in the Highlands is very varied, particularly between the type of housing available in the towns and the country. Private renting is more common in the Highlands than in other areas of Scotland. This is partly because there are many households living in accommodation tied to their job (tied housing). However, like many areas, there is a shortage of good, cheap, private rented accommodation.
Rented accommodation comes in different types from bedsits to flats or houses and shared flats/houses. In some cases the house or flat may be shared with the landlord (resident landlord). In others, the property may be managed by a letting agent or managing agent. Properties for private renting may either be furnished or unfurnished. Rents for the different types of property are likely to vary accordingly.
How can I find out about Private Rented Accommodation?
Read the ads in the local papers or put an ad in yourself. Local Papers Advertising Housing for Rent include:
Badenoch & Strathspey: Strathspey & Badenoch Herald
Caithness: John O’Groats Journal; Caithness Courier
Inverness Inverness Courier and Highland News
Lochaber: Lochaber News and Oban Times
Nairn: Nairnshire Telegraph
Ross & Cromarty: Ross-shire Journal and The North Star
Skye & Lochalsh: West Highland Free Press
Sutherland: Northern Times
Highland-wide The Press and Journal
- Contact the local solicitors, including the Highland Solicitors’ Property Centre, letting agencies, estate agents and property management agencies. Many of these will be in the ‘Yellow Pages’ or on the internet
- Ask at the local Citizen’s Advice Bureau (CAB) Office. (See Appendix A for addresses or look in the phone book)
- Look out for small ads that appear, for example, on the supermarket notice boards or in the windows of some shops and post offices
- Local tourism offices may have details of some holiday lets and their owners who could be contacted to explore the possibility of winter or longer term lets.
- Ask around, particularly in rural areas where some private renting opportunities may be "advertised" by word of mouth
- In some rural areas, local estate offices may have details of houses to let on their estates
- Check with the local student accommodation services.
NOTE It is an offence:
- For letting agencies to charge to put your name on a list; and
- For landlords in Scotland to levy any form of premium on the rent.
How much will the Rent be?
In Inverness, there is a big demand from students as well as other types of households. Consequently, there is a large demand for private renting but quite low supply and rents can often be expensive.
In rural areas, many large estate owners or farmers rent out houses on their land. There are also seasonal lets – houses which are let weekly to holiday makers in the summer but are available for longer periods over the winter. Most landlords will want a deposit and rent in advance (see below).
Can I get Housing Benefit for Private Rented Accommodation?
People on low incomes with high rental costs are usually entitled to receive Housing Benefit to help them pay the rent. However there is no automatic entitlement. Housing Benefit will only be paid to someone who has gone through the benefit application process properly and satisfies the legal requirements. Moreover, the amount of Housing Benefit awarded may not fully cover the rent charged.
Before you decide to rent a property you can find out how much of that rent will be used to work out the amount of your housing benefit; this known as a pre-tenancy determination. It is very important that anyone, who may be relying on Housing Benefit to make a private rented opportunity affordable, contact the Housing Benefit advisers at the Council before they accept the tenancy. The Council can carry out a pre-tenancy determination (PTD) and work out whether you may be entitled to housing or Council Tax benefit.
The Highland Council has leaflets which can help you assess whether you may be entitled to benefit. These are available on the Council’s website or in Council offices. They also have a freephone number for advice, information or guidance on housing benefit.
Call The Council’s Housing Benefit Service on Freephone 0800 393811 or visit the local Council Service Point.
Citizens’ Advice or other advice agencies can also give you advice on housing benefit and pre-tenancy determinations.
(See Section 05 for further details on Housing Benefit)
Will I need a Deposit?
You will normally be required to pay a deposit as well as your first month's rent in advance. The deposit is money paid to a landlord (or accommodation agency) at the beginning of a tenancy as security against things like rent arrears, damage to property or removal of furniture by a tenant. A deposit must never be more than one sixth of the annual rent. However, it normally tends to be the same amount as one month's rent. Providing that you have accrued no rent arrears at the end of your tenancy and the accommodation is in the same condition as you found it, you should have your deposit returned to you in full.
What is the Rent Deposit Guarantee Scheme?
The Highland Council is developing a scheme to help people move into private rented housing. The scheme will guarantee the deposit/rent in advance to the landlord. It is aimed at helping people who are homeless/potentially homeless. Contact your Area Housing Office to find out if rent guarantees/deposits are available in your area.
What are my Rights if I Rent Privately?
Both tenants and landlords in any type of rented accommodation, including private rented, have certain rights and responsibilities regarding the tenancy. There are a variety of information leaflets available and Citizen’s Advice Bureaux should be able give more information or answer any questions. Contacts and information sources are set out below.
There should be a tenancy agreement that sets down the terms and conditions of the tenancy including the rent.
Every tenant has the right:
- To know the terms of the tenancy
- To know the name and address of the landlord
- To a decent standard of repair
- To proper notice if the landlord wants the tenant to leave
- To ‘quiet enjoyment’ while staying in the property
What are my Landlord’s Rights?
Every landlord has the right:
- To charge a market rent
- To agree the terms of the tenancy before it begins
- To receive rent when it is due
- To be advised of necessary repairs
- To be given proper notice by a tenant if they wish to leave
What are my Responsibilities if I Rent Privately?
Tenant responsibilities for repairs should be set out in the tenancy agreement. Although tenants should not be responsible for general wear and tear, they must make sure the fittings, fixture, furniture (where supplied) and other contents are not damaged because of their misuse or negligence.
Tenants should inform their landlords promptly of any necessary repair work.
What are my Landlord’s Responsibilities?
Landlords have a certain responsibility to maintain certain standards within the property. The Tenancy Agreement should set out who is responsible for what repairs.
Landlords are obliged to keep the property wind and watertight and in a good habitable condition. In addition, they have a general responsibility to keep in good repair and working order:
- The structure and exterior of the property, including drains, gutters and external pipes.
- Water and gas pipes and electrical wiring (e.g. including taps and sockets)
- Basins, sinks, baths and toilets
- Fixed heaters, gas fires and water heaters
- Repairs to common parts of the building such as stairways, hallways shared with other tenants, etc.
- There are now regulations in place to ensure that all landlords carry out annual checks on gas installations and electrical appliances.
How do I know the property is safe?
Before letting a property, the landlord needs to make sure that it is clean, dry safe and in a habitable condition. The electricity supply, plumbing and heating should all be checked for safety, and the kitchen should be of a reasonable standard with safe facilities for storing and preparing food.
Landlords have a legal duty to ensure that their premises and appliances are safe. Appliances (e.g. gas fires) can produce dangerous fumes if they have not been fitted properly or serviced regularly.
Legal regulations require that electrical equipment, which is hired as part of the tenancy agreement, must be safe to use e.g. lamps, televisions, vacuum cleaners, refrigerators, portable electric fires, etc.
It is the landlord’s responsibility to make sure that all upholstered furniture, furnishing, etc comply with fire regulations.
It is strongly recommended that landlords employ the services of a qualified surveyor to carry out a full inspection and produce a report on the overall condition of a house before letting it in the first instance.
What about Houses in Multiple Occupation (HMOs)?
There is now a compulsory licensing scheme for Houses in Multiple Occupation (HMOs). HMOs are properties where 3 or more people from more than 2 unrelated families live. This can include bed-sits, student residences and shared flats. They must have a licence, granted by the Council, to operate. Licences are only granted to HMO properties which meet the Council’s accommodation and housing management standards and are in a reasonable condition, managed to acceptable standards and where health and safety is adequately maintained. Anyone moving into an HMO should check whether it has a licence.
Licensing has been introduced to ensure tenants can live safely in their houses, have adequate facilities and a fair tenancy agreement. If you have any concerns regarding your home's licence, your tenancy agreement, fire, gas or electrical safety, poor facilities, standards of repair, overcrowding or if you wish general advice on HMOs, please contact the Council’s TEC Services through the Customer Service line on 01349 886630.
Homepoint - Communities Scotland
Private Tenants Guide - Homepoint publish a free 3 page guide for tenants in the private rented sector. Copies are available from Communities Scotland’s Homepoint web-site (see External Links)
There is also a full 40 page guide for private tenants that can be ordered free from Communities Scotland’s Homepoint - phone 0131 313 0044 or order by email - homepoint@communitiesscotland.gov.uk
The Scottish Executive
This Scottish Executive website aims to give landlords and tenants the information they need to protect themselves and improve the standard of their housing. Tenants can access facts on what they can and can't expect from their landlord and information on issues such as what to do if the landlord refuses to carry out repairs or retains a deposit at the end of the tenancy. It also offers landlords information on topics such as leases, inventories, physical standards of the property and how to deal with problem tenants. There are links to leaflets and advice organisations.
To link to the website, to go "Better Renting" in the "External Links"
The Scottish Executive has a number of leaflets and useful information for privately renting tenants and landlords including information on the rent registration service and how to check the maximum housing benefit level for a property. This information can be found on the Scottish Executive website in the External Links section. Follow the link through to "‘private housing sector’ or ‘rent registration’
Their leaflets (which can be printed off) include:
- Assured Tenancies in Scotland - Your Rights and Responsibilities
- Letting A Room In Your House
- Rent Assessment Committees in Scotland - A Guide for Landlords and Tenants of Assured and Short Assured Tenancies
- Regulated Tenancies in Scotland -Your Rents, Rights and Responsibilities - A Guide for Landlords and Tenants
Shelter Scotland
Shelter Scotland’s web site has lots of advice and information on private renting. This is a link to a section which gives information about private landlords and tenants’ rights and responsibilities including the rights the law gives, regardless of what the tenancy agreement says. They also have a number of guides (which can be downloaded) including a Student Renting Guide. This covers: questions to ask when looking at properties; rights as a tenant; safety tips; information on deposits and a blank inventory form for new tenants.
You can link to the Shelter website from "External Links"
Dial-a-Law
This is the Law Society of Scotland's information and referral service. With a library of over 40 different legal topics from family law to employment law, from making a will to choosing a solicitor. It gives you clear down-to-earth information about a wide variety of situations including private letting, your rights as a tenant and rights as a landlord and many other housing issues. Simply choose a topic from the drop down list. After you've read the script, you can choose to have details of a solicitor dealing with that category of work, or return to this page or go to the Society's Firms and Branches database. You can link to their website from "External Links".
Dial-a-Law is also available as a telephone service by calling 0870 545 5554