By Patrick Harvie
THE place we call home is far more than bricks and mortar. Having a safe, warm, good-quality and well-managed home is something everyone in Scotland should benefit from, but for too many people this is not the case.
In Scotland, the number of private tenants has grown hugely in the last 20 years. 340,000 households rent privately, equivalent to 14 per cent of all the country’s homes, so it’s extremely important that people renting have access to safe and good-quality housing and are aware of their rights.
Results from an ongoing research programme RentBetter by Indigo House recently found that, unfortunately, many people in Scotland who rent privately are still unaware of their tenancy rights and, even where they are, they do not feel comfortable asserting them with their landlord or letting agent.
The law in Scotland provides more protection for those who rent privately than anywhere else in the UK. But more needs to be done to make that real. By raising awareness of these important rights, and where to go for further advice and support, I want to encourage renters to challenge poor or illegal practices if the situation arises.
So that is why the Scottish Government has launched a new campaign to empower private tenants to know their rights and feel confident to exercise them.
Some of the things to keep in mind are:
• Check that the landlord/letting agent are registered to let out the property – if they are not registered then this must be reported.
• For tenancies that began from December 1, 2017, the landlord must give tenants three months’ notice of a rent increase and can only increase rent once every 12 months – and you have a right to challenge any unfair rent increases through a rent officer.
• Landlords and letting agents can’t charge admin fees for their tenants for the granting, renewal or continuance of a tenancy as these are considered illegal premiums.
• Landlords have a duty to repair and maintain their let property from the tenancy start date and throughout.
• If the landlord or agent takes a deposit this must be placed with one of three independent schemes, not held by the landlord.
• If a landlord wants to visit the property, whatever the reason, they must give the tenant appropriate notice of this and not just show up.
• Landlords cannot end a tenancy with no reason if the tenancy was agreed post December 1, 2017.
Illegal eviction continues to be a real concern. It is vital that people know that this is a criminal offence and should be reported to Police Scotland. Any eviction is considered illegal when someone who doesn’t have the legal right forces you to leave your home.
But informing private tenants of their existing rights is only part of the package. The Scottish Government is also consulting on a New Deal for tenants which aims to deliver stronger rights, increased protections against winter evictions and more widespread access to greener, higher-quality housing with more affordable choices.
The Scottish Government provides clear and impartial advice on private tenancy. For further information visit gov.scot/rentersrights
Patrick Harvie is Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights
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