Landlord responsibilities
If you are the landlord of a privately rented property there are legal obligations you must abide by. You must:
- apply for a licence or registration
- seek permission from your mortgage provider and your insurer prior to renting the property
- ensure that your property is in a good state of repair and meets the tolerable and repairing standards
- ensure that your property meets the relevant gas, furniture and furnishings, electrical and water safety regulations
- tenancies created after 1 December 2017 must be 'Private Residential Tenancies'. You can no longer create 'Assured Tenancies' or 'Short Assured Tenancies.'
- give your tenant all the terms of their tenancy in writing (you can create a free Scottish Government model tenancy agreement online)
- pay any deposit taken (which can be a maximum of 2 months’ rent) into a registered tenancy deposit scheme.
Find more information in our Checklist for Private Landlords (PDF, 80kb).
Our scheme of assistance provides information, advice and practical support to help repair, maintain, improve or adapt homes.
Please note: the Scheme of assistance may not be fully accessible to all. If you require a printed version please contact the Tenant Participation Team: tenantparticipation@north-ayrshire.gov.uk, 01294 324869.
Standards of repair
Private rented accommodation must meet a certain repairing standard before it can be legally let out.
The Tolerable Standard
To be acceptable as living accommodation a house must meet certain standards of repair. This is known as the Tolerable Standard.
Landlord to Landlord Sales
In 2024, Landlord to Landlord Sales was introduced which allows us to 'match up' a landlord (that has current sitting tenants) with buyers. This is for buyers who are already in the letting market or are looking to enter the market. We will provide the seller and purchaser with each other’s details so they can make contact directly. Selling this way can be a good solution for everyone involved.
Given the current environment, many private landlords have decided to withdraw from the housing market. This is due to the increase in mortgage rates and other factors.
Landlords may be reluctant to sell, where they have had a tenant renting their property for some time. The tenant’s family are usually settled within the community at this point. Rather than serve notice on the tenant, landlords can consider selling the property with the tenant in situ.
Benefits of this type of sale
This type of sale benefits everyone involved, see these benefits below.
The selling landlord
- No lost rental, void time, or council tax levy charges while the property is empty.
- No need to serve a notice to leave or apply to the Housing and Property Chamber and property can be sold quickly.
- No marketing or house clearance costs, not having to worry about making sure the tenants belongings are out of the property.
The buying landlord
- No search for a tenant or need to do a new lease agreement or certificates as existing one’s transfer.
- No lost rental or requirement for refurbishment.
The tenant
- No upheaval, expense or insecurity of finding and moving house.
- No uprooting children from school, friends and family.
The Council
- No lost council tax – exemption period vacant property.
- No presentations to Homeless services.
The environment
- Rubbish, furniture and white goods that are thrown out in a move will not happen.
- Community benefits – cohesion.
If you wish to register with us or find out more, please contact psadvice@north-ayrshire.gov.uk or call 01294 324644.
Empty homes
Our Empty Homes Loan Fund offers interest free loans to bring empty properties back into the affordable rented sector.
Pre-Tenancy Support Service
Our Pre-Tenancy Support Service for landlords provides free property inspections and tenancy agreement advice, acting as a preventative approach to future property condition issues.
This service is designed to help landlords get the best from their properties. It also makes sure that they comply with the necessary legislation.
We can:
- Carry out a pre-tenancy Repairing and Tolerable Standard inspection
- Give advice on what safety certificates you need
- Signpost you to standard tenancy agreement templates
- Give you information on how to find the right tenant for you
- Answer questions on what you need to do when setting up a new tenancy
For more information email psadvice@north-ayrshire.gov.uk
Private Sector Matters
We compile a Landlords Private Sector Matters magazine twice a year. It focuses on issues specific to landlords. Our Landlord Matters Spring/Summer 2024 Edition is now available.
The Private Sector Advice Team also provides private sector information and guidance to:
- homeowners
- landlords
- private tenants
This covers a range of private sector housing matters including property condition and tenant rights and responsibilities.
Accessible properties
Home2Fit allows you to advertise your property, for sale or to rent, highlighting its accessibility features and adaptations.
A private tenant, with a disability, should be able to make physical changes to their home to make it meet their needs. More information on adapting private rented properties is available.
Dealing with the death of a tenant
The death of a tenant can place a number of responsibilities upon a landlord including:
- liaising with any police investigations
- ensuring that cleaning and repairs are undertaken
- allowing relatives of the tenant access to the property to retrieve possessions
More information is available on dealing with the sudden death of a tenant.
The Tenement Management Scheme
If you own a flat within a tenement, your title deed should detail your common area maintenance and upkeep responsibilities. If not, the Tenement Management Scheme may help. This allows you and your fellow owners to work together as a group and identify areas of shared responsibility.
Waste
Properties that are let, residentially or commercially, are considered as a business. Waste from rental properties is classed as commercial waste and can't be taken to our Household Waste Recycling Centres. Landlords attempting to dispose of waste in this way risk being prosecuted.
More support
