Best Landlord & Tenant Lawyers in Aberdeen

About Landlord & Tenant Law in Aberdeen, United Kingdom

Aberdeen is in Scotland, which has its own landlord and tenant rules that are different from those in England and Wales. Most private renters in Aberdeen who started a tenancy on or after 1 December 2017 have a Private Residential Tenancy. This is an open-ended tenancy that continues until the tenant leaves or the First-tier Tribunal for Scotland Housing and Property Chamber makes an eviction order on one of the legal grounds. Landlords must be registered with the local authority, meet strict safety and repairing standards, and follow set procedures for rent increases and ending a tenancy. Many housing disputes in Aberdeen are resolved by the Housing and Property Chamber rather than by the Sheriff Court.

Why You May Need a Lawyer

Landlord and tenant issues often move quickly and the outcomes can affect your home and finances. A lawyer can help you if you receive a Notice to Leave and want to challenge the ground or the reasonableness of eviction, if you believe you have been unlawfully evicted or harassed and need urgent court protection or to involve Police Scotland, if your landlord has failed to protect your deposit or return it and you want to apply for a financial penalty, if you have serious disrepair such as damp, mould, or unsafe electrics and want to seek repair orders and compensation or a rent abatement, if you need to challenge a rent increase before a rent officer or the tribunal, if you are dealing with complex tenancy types such as older assured or short assured tenancies or student accommodation agreements, if you face allegations of antisocial behaviour or criminal conduct linked to your tenancy, if you are a landlord who must respond to a tribunal application about the repairing standard, a deposit claim, or alleged breaches of the Letting Agent Code of Practice, or if you require advice on HMO licensing or short-term let licensing in Aberdeen. Early legal advice can protect your position, help you collect the right evidence, and avoid costly mistakes.

Local Laws Overview

Tenancy types in Scotland include Private Residential Tenancies for most modern private lets, and older assured or short assured tenancies that still exist if they began before 1 December 2017. The type determines notice rules, rent review options, and eviction grounds. Social housing has separate rules. A lawyer or advice agency can help you identify what you have.

Starting a tenancy involves important legal steps. Private landlords must be on the landlord register with Aberdeen City Council. A written tenancy agreement is required for a Private Residential Tenancy and must include all statutory terms. Landlords must provide an Energy Performance Certificate, gas safety certificate where applicable, an electrical installation condition report and portable appliance testing where required, and interlinked smoke and heat alarms that meet the current Scottish standard. A Legionella risk assessment is expected. If a deposit is taken it must not exceed two months rent and must be lodged in an approved tenancy deposit scheme within 30 working days of the tenancy start, with prescribed information given to the tenant.

Rent and rent increases are regulated. For a Private Residential Tenancy, a landlord can normally increase rent once in any 12-month period by giving at least three months written notice using the correct form. Tenants can refer the proposed increase to a rent officer for adjudication, and then to the tribunal if needed. Emergency rent cap measures used during the cost of living crisis have ended, so current increases follow the standard rules unless new legislation is introduced.

Repairs and standards are covered by the repairing standard under the Housing Scotland Acts. Landlords must ensure the property is wind and watertight and reasonably fit for human habitation, with safe water, gas, and electricity, satisfactory fire and carbon monoxide detection, proper installations for heating and sanitation, and freedom from damp that materially affects the tenant. If a landlord does not carry out repairs after being notified, a tenant can apply to the First-tier Tribunal for a repairing standard enforcement order. Aberdeen City Council environmental health can also act in some cases where there is a public health risk.

Access to the property is controlled. Landlords and agents must give at least 48 hours notice for routine access, inspections, and non-urgent repairs and agree a reasonable time with the tenant. Immediate access is permitted in genuine emergencies such as a serious leak or gas emergency.

Ending a Private Residential Tenancy requires a formal Notice to Leave stating the eviction ground. For most grounds, the landlord must give either 28 days notice or 84 days notice depending on how long the tenant has lived there and which ground applies. The landlord then needs an eviction order from the Housing and Property Chamber before the tenancy ends. Many grounds are discretionary, which means the tribunal must decide if it is reasonable to evict. Tenants can leave by giving at least 28 days written notice.

Unlawful eviction and harassment are criminal offences in Scotland under the Rent Scotland Act 1984. Changing the locks, removing belongings, or pressuring a tenant to leave without a tribunal eviction order can amount to illegal eviction. Tenants can seek damages and should report criminal behaviour to Police Scotland. The tribunal can also make wrongful-termination orders that award compensation where a landlord misused a ground to end a tenancy.

Letting agents in Scotland must be on the national Letting Agent Register and follow the Letting Agent Code of Practice. Breaches can be challenged at the Housing and Property Chamber. Aberdeen City Council trades and standards teams play a role in local enforcement.

Houses in Multiple Occupation must be licensed if three or more unrelated people share facilities. Short-term lets also require a licence from Aberdeen City Council. Landlords should check local policies, planning requirements, and deadlines for applications to avoid enforcement action.

Equality and consumer protections apply. The Equality Act 2010 bans discrimination in housing. Terms that try to contract out of statutory rights in a Private Residential Tenancy are not valid. Data protection duties apply when handling tenant information.

Frequently Asked Questions

What kind of tenancy do I have in Aberdeen

If your private tenancy started on or after 1 December 2017, you almost certainly have a Private Residential Tenancy. If it started before that date, it might be an assured or a short assured tenancy. The label on your agreement is helpful but not conclusive. A lawyer or advice agency can review your start date, documents, and how the property is used to confirm the type.

How much notice can my landlord give me to leave

For a Private Residential Tenancy your landlord must serve a Notice to Leave that states a valid eviction ground and give the correct notice period, usually 28 or 84 days. They then need an eviction order from the First-tier Tribunal. You do not have to move out simply because a notice was given. Get advice promptly if you receive one.

How do rent increases work in Scotland

For a Private Residential Tenancy the landlord can normally raise rent no more than once in 12 months by giving at least three months written notice. You can refer the proposed increase to a rent officer for a market assessment. The rent officer can set a different rent based on comparable evidence, subject to further appeal to the tribunal. Keep all notices and respond within the deadlines on the notice.

What if my landlord has not protected my deposit

Private landlords must protect your deposit in an approved scheme within 30 working days of the tenancy start and give you the prescribed information. If they fail, you can apply to the Housing and Property Chamber for a financial penalty and for an order about the deposit. There are strict time limits after the tenancy ends, so act quickly.

What are my options if repairs are not done

Notify your landlord in writing and allow reasonable access. Keep records and photos. If nothing happens, you can apply to the Housing and Property Chamber for a repairing standard order. In serious cases you might also report hazards to Aberdeen City Council environmental health. You may be entitled to a rent reduction or compensation depending on the impact and evidence.

Can my landlord enter the property without permission

No. Except in emergencies, the landlord or agent must give at least 48 hours notice and arrange a reasonable time. Unauthorised entry or repeated unannounced visits can amount to harassment. Keep a log and seek advice if this occurs.

Can I keep a pet in my rented home

There is no absolute right to keep pets, but many landlords will consider a request if the animal is suitable for the property. Ask in writing, explain the steps you will take to prevent damage, and offer references or insurance where appropriate. Blanket no pet rules may be challengeable in some contexts, especially where disability-related assistance dogs are involved under equality law.

What should I do if I receive a Notice to Leave

Check the date, notice period, and the stated eviction ground. Keep the envelope or email header to prove service. Gather your tenancy agreement, rent statements, and any relevant messages. Get advice immediately. You can challenge the notice or the eviction at the tribunal, and you should not move out unless you choose to or a tribunal order is made.

Who pays Council Tax in a rented property

Usually the tenant is liable for Council Tax from the start date of the tenancy. Exemptions or discounts may apply, for example where all occupants are full-time students. In some HMOs the landlord remains liable. Check your tenancy agreement and contact Aberdeen City Council to confirm your situation.

What is an HMO and do I need to do anything as a tenant

A House in Multiple Occupation is a property occupied by three or more unrelated people who share facilities. The landlord must hold an HMO licence. As a tenant you should check that the licence is in place, follow the fire safety rules, and report any safety concerns. Letting without a licence can lead to enforcement action against the landlord.

Additional Resources

Aberdeen City Council Private Sector Housing services, including landlord registration, HMO licensing, environmental health, antisocial behaviour team, and short-term let licensing.

First-tier Tribunal for Scotland Housing and Property Chamber.

Shelter Scotland for free specialist housing advice.

Citizens Advice Bureau Aberdeen for general advice and local support.

Law Society of Scotland for finding a solicitor experienced in housing law.

Scottish Legal Aid Board for information on legal aid eligibility.

Police Scotland for reporting unlawful eviction and harassment.

Tenancy deposit schemes approved in Scotland, including SafeDeposits Scotland, mydeposits Scotland, and Letting Protection Service Scotland.

Rent Service Scotland for rent adjudications.

Scottish Government Letting Agent Registration and Letting Agent Code of Practice.

Home Energy Scotland for energy efficiency advice and grants.

Living Rent tenant union for member support and campaigning.

Next Steps

Start by gathering your documents. Keep your tenancy agreement and any renewal letters, deposit scheme information, inspection reports, safety certificates, rent statements, and all emails and messages with your landlord or agent. Take dated photographs or videos of any repair issues. Keep a diary of events, such as missed repairs or attempted entries.

Identify your tenancy type and your immediate deadlines. Time limits in Scotland can be short. For example, claims about an unprotected deposit are typically subject to a three month limit after the tenancy ends. Eviction and rent increase notices also have strict response windows. If in doubt, seek advice the same day you receive a notice.

Speak to a specialist adviser. Contact Shelter Scotland or Citizens Advice Bureau Aberdeen for free guidance. If the situation is urgent, such as an illegal lock change or threats, contact Police Scotland and seek emergency legal help.

Consider legal representation. Use the Law Society of Scotland to find a solicitor who practices housing law in Aberdeen. Ask about legal aid through the Scottish Legal Aid Board if you are on a low income. A lawyer can prepare your tribunal case, negotiate with the other side, and request interim orders where appropriate.

Engage with local authorities when needed. Report serious hazards to Aberdeen City Council environmental health, confirm landlord registration or HMO licensing status, and ask about any local requirements that apply to your property.

Prepare for the tribunal. If you are applying to the Housing and Property Chamber, complete the correct application form, attach your evidence, and follow the tribunal guidance on statements and hearings. Remote hearings are common. Stay polite and factual in all communications.

Keep communicating in writing. Propose reasonable inspection times, agree access for repairs where safe, and confirm any agreements by email. Written records improve outcomes and reduce disputes.

If settlement is possible, explore it. Many cases resolve by agreement, such as a clear repairs timetable, a fair rent level, or a managed move-out with appropriate timescales and compensation. If settlement is not appropriate, your evidence and timely applications will be key to success.

This guide is general information about Aberdeen and Scottish landlord and tenant law. It is not legal advice for your specific circumstances. For tailored advice, speak to a qualified solicitor or a specialist advice service.