Checks before you sign a private tenancy agreement

Before you agree to rent a property and sign an agreement, there’s a few things you need to do.

Your landlord can ask for certain payments and a guarantor.

Check the landlord is registered

A landlord must be registered when they rent out a property. They’ll break the law if they do not.

Any adverts or property listings must have either:

• the landlord’s registration number
• the words ‘landlord registration pending’ if their application is still being processed

Check if the landlord is on the Scottish Landlord Register.

Information a landlord can ask you for

Your landlord can ask for:

• a copy of your passport or driving licence to prove your identity
• copies of payslips or bank statements to prove you can afford the rent
• contact details for previous landlords for a reference

They can only check your credit rating if you give them written permission.

They should not charge a fee for doing a credit check for you or your guarantor. These are illegal fees and you can claim them back. Check how to claim back illegal fees.

Your landlord does not need to check your ‘right to rent’ in Scotland. This immigration policy only applies in England.

Paying a deposit

Your landlord can ask you for a deposit of up to 2 months’ rent.

They cannot charge you a non-refundable holding deposit or key money. These are illegal fees and you can claim them back.

Check rules your landlord must follow if they take a deposit.

Giving a guarantor

Your landlord can ask you for a guarantor.

This is someone who agrees to be legally responsible for paying: 

• any unpaid rent  
• for damage to the property if you do not pay 

Your guarantor must sign the guarantor section of the  tenancy agreement.

Check what guarantors are responsible for.

Paying rent in advance

Your landlord can ask you to pay rent before you move into the property. They’ll usually only do this when you have no guarantor.

They must tell you what period this is for. They cannot charge more than 6 months’ rent in advance.

If you pay rent in cash, your landlord must give you a receipt.