Getting paperwork ready
Before you start advertising your property, you should prepare the paperwork you'll need later. The paperwork you need depends on the tenancy type.
Tenants who rented your property on or after 1st December 2017
These tenants will have a 'private residential tenancy' and must have a tenancy agreement or written tenancy terms which support this. A tenancy agreement tells the tenant all the terms of their tenancy. It's a contract between you and your tenant. It covers things like safety, payment of rent and house rules.
As well as a tenancy agreement, you will also have to give your tenant either the 'Easy Read Notes for the Scottish Government Model Tenancy Agreement', or the 'Private Residential Tenancy Statutory Terms Supporting Notes'.
These notes will help them to understand their rights and responsibilities during the tenancy. Which notes you have to give your tenant will depend on what tenancy agreement you have used.
If you use the Scottish Government Model Private Residential Tenancy Agreement, you must give you tenant the 'Easy Read Notes for the Scottish Government Model Tenancy Agreement'.
If you use another tenancy agreement, you must give your tenant a copy of the 'Private Residential Tenancy Statutory Terms Supporting Notes'. If you use a different tenancy agreement, it is important that you make sure it contains everything that it should under the law.
If you do not give your tenant these things, they can apply to the First-Tier Tribunal for a 'payment order'. If a payment order is awarded, you will have to pay your tenant. How much you'll have to pay depends on what you haven't given your tenant, but it can be up to the value of 6 months' rent.
You can use the model tenancy agreement form to create a tenancy agreement for a private residential tenancy.
There are notices which you must use if you want to increase the rent during a private residential tenancy, or if you need to tell a tenant with a private residential tenancy that they need to leave. You can find these notices on the gov.scot website.
Tenants who rented your property before 1st December 2017
The two most important things you needed to prepare were a Tenant Information Pack and a tenancy agreement.
If you wanted the tenancy to be short assured rather than assured, you must have given tenants an AT5 form before any tenancy agreement was signed.
Tenant Information Pack
The Tenant Information Pack gave information to tenants with short assured or assured tenancies.
It told tenants about their home, tenancy and landlord, and told them about their responsibilities (as well as your responsibilities as a landlord).
It was your legal duty to give your tenant a Tenant Information Pack by the time they moved into the property.
If you were using a letting agent, they may have given one to the tenant on your behalf.
This tells the tenant all the terms of their tenancy. It is a contract between you and your tenant. It covers things like safety, payment of rent and house rules.
As a landlord, you must give your tenant all the terms of their tenancy in writing. If you do not you'll be breaking the law.
Use our model tenancy agreement form to create a tenancy agreement.