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Landlord and Tenant law in Glasgow governs the rental of commercial and residential property. It is primarily composed of statutory and common law. There are specific regulations that both landlords and tenants have to follow to ensure that both parties are protected by law. These regulations cover various aspects including, but not limited to, lease agreements, rent control, repairs, rights of entry, dispute resolution, and eviction. Fairness is a key principle, with duties for both landlords to manage their properties responsibly, and tenants to live in them respectfully.
Legal assistance can be necessary in several situations. As a landlord, you might need a lawyer to draft a rental agreement, handle eviction procedures, deal with troublesome tenants, or manage disputes regarding repairs. As a tenant, legal help might be necessary if you're facing eviction, having difficulties getting your deposit back, suffering from harassment by your landlord, or living in a poorly maintained property. A lawyer proficient in landlord-tenant laws can help if you're facing any of these issues.
The Scotland Housing Act and The Private Housing (Tenancies) Act 2016 are key legal frameworks governing Landlord and Tenant relations in Glasgow. These laws emphasise rights on security of tenure, fair rents, and protection against illegal eviction. Landlords are required to register with the local authorities and adhere to the landlord registration scheme rules, including 'the repairing standard'. Tenants have rights to live in a habitable property, privacy, and to challenge excessively high rents. Notably, ‘no-fault’ evictions have been largely abolished – a landlord now requires a good reason, specified by law, to take back a property.
The Private Housing (Tenancies) (Scotland) Act 2016 introduced a new 'Private Residential Tenancy' with no minimum period. So, leases may run for whatever term the landlord and tenant agree.
No. Rent can only be increased once a year, and with three months' written notice, under the terms of a new style ‘private residential tenancy’.
In Scotland, landlords must protect deposits using a government approved tenancy deposit scheme. If a landlord refuses to return your deposit, you can raise a dispute with the scheme.
No, under new laws in Scotland, 'no-fault' evictions have been largely abolished, and landlords now need a legally defined reason to evict tenants.
Yes, landlords are legally required to keep properties in a reasonable state of repair and fit for human habitation.
Shelter Scotland and The Scottish Association of Landlords are useful resources for landlords and tenants. The Residential Tenancies Board offers free, impartial information and dispute resolution services. The advice service operated by the Citizens Advice Bureau is also highly valuable.
If you need legal advice relating to landlord and tenant issues, it is advisable to contact a lawyer specialised in this field. Collect all relevant documents including your lease agreement, any written communication, and evidence of payments. This information will be critical in helping your lawyer understand your situation better.
