Best Landlord & Tenant Lawyers in Stonehaven

About Landlord & Tenant Law in Stonehaven, United Kingdom

Stonehaven is in Aberdeenshire, Scotland, so landlord and tenant matters here are governed by Scottish law. Most private renters now have a Private Residential Tenancy, usually called a PRT. PRTs began on 1 December 2017 and provide open-ended tenancies with no fixed end date. Older tenancies such as assured or short assured tenancies still exist if they began before that date and have not been replaced.

Scottish rules differ from those in England and Wales. Evictions go through the First-tier Tribunal for Scotland Housing and Property Chamber, tenancy deposits must be protected in a government-approved scheme, most fees to tenants are banned, and landlords must be registered with the local authority. Aberdeenshire Council is the local authority for Stonehaven and administers landlord registration, HMO licensing, and various housing standards functions.

Why You May Need a Lawyer

Landlord and tenant issues can escalate quickly and involve strict legal procedures. A solicitor can help you assess your position, protect your rights, and avoid costly mistakes. Common reasons to seek legal help include eviction notices and tribunal proceedings, significant disrepair or failure to meet the Repairing Standard, unlawful eviction or harassment, large rent arrears or disputes about rent increases, deposit disputes including penalties for non-protection, breaches of the tenancy agreement by either party, HMO or letting agent compliance issues, and complex situations such as succession, subletting, joint tenancies, or dealing with abandoned goods.

Legal advice is especially valuable where deadlines are short, evidence must be organised for a tribunal hearing, or where you need urgent remedies such as an interim interdict to stop an unlawful eviction. If cost is a concern, ask about legal aid availability in Scotland or fixed-fee services.

Local Laws Overview

Tenancy type and ending a tenancy: Most private renters in Stonehaven will have a Private Residential Tenancy under the Private Housing Tenancies Scotland Act 2016. A tenant can end a PRT by giving the landlord at least 28 days notice in writing. A landlord who wants to end a PRT must serve a valid Notice to Leave and prove one of the statutory grounds at the First-tier Tribunal. Notice periods are generally 28 days if the tenant has lived in the property for 6 months or less, or where certain conduct grounds apply, and 84 days in other cases. The tribunal decides whether the ground is established and whether it is reasonable to evict.

Rent and increases: A landlord must use the prescribed rent-increase notice and give at least 3 months notice. A PRT tenant can ask a rent officer at Rent Service Scotland to adjudicate a proposed increase within the statutory time limit if they believe it is excessive. Rent Pressure Zones can cap increases, but none have been designated in Aberdeenshire at the time of writing. Temporary rent cap measures that applied during the cost of living emergency ended on 31 March 2024, with limited transitional arrangements for notices served before that date. Always check the most up to date position before acting.

Deposits and fees: A tenancy deposit must be lodged with an approved tenancy deposit scheme within 30 working days of the tenancy start, and prescribed information must be given to the tenant. A landlord who fails to do this can be ordered to pay a penalty of up to 3 times the deposit. The deposit should not exceed two months rent. Most charges to tenants, such as admin or referencing fees, are unlawful premiums. Tenants typically only pay rent and a refundable deposit.

Landlord registration and letting agents: Private landlords who let property in Stonehaven must register with Aberdeenshire Council. Letting agents must be on the Scottish Letting Agent Register and comply with the Letting Agent Code of Practice. Tenants and landlords can apply to the tribunal if they believe the Code has been breached.

Repairs and safety: Landlords must meet the Repairing Standard set out in the Housing Scotland Act 2006. This includes keeping the property wind and watertight and fit to live in, ensuring installations for water, gas, electricity, sanitation, heating, and hot water are in proper working order, having a satisfactory electrical safety inspection at least every 5 years, an annual gas safety check where applicable, interlinked smoke and heat alarms meeting current Scottish standards, and carbon monoxide alarms where there is any fuel-burning appliance. Landlords must provide a valid Energy Performance Certificate. If the water supply is private, additional duties and information apply. If a landlord fails to carry out necessary repairs after notice, a tenant can apply to the tribunal for a Repairing Standard Enforcement Order.

Access and privacy: A landlord generally must give at least 48 hours notice to enter for inspections or repairs, except in emergencies. Tenants have a right to quiet enjoyment of their home.

HMO licensing: Properties occupied by three or more unrelated people forming two or more households usually require a House in Multiple Occupation license from Aberdeenshire Council. Licensing includes safety and management standards.

Illegal eviction and harassment: It is a criminal offence to unlawfully evict or harass a tenant, for example by changing locks, cutting off utilities, or threatening behavior intended to make a tenant leave. Tenants can contact Aberdeenshire Council, Police Scotland, or seek urgent legal remedies from the sheriff court.

Social housing and homelessness: Council and housing association tenants have different rights under Scottish secure tenancies. If you are homeless or at risk of homelessness within 2 months, contact Aberdeenshire Council as soon as possible for assistance. The council has duties to help prevent or relieve homelessness.

Frequently Asked Questions

What type of tenancy do I have in Stonehaven?

If your private tenancy started on or after 1 December 2017, it is likely a Private Residential Tenancy. If it started earlier, it may be an assured or short assured tenancy. Your paperwork, start date, and any AT5 form you signed before moving in can help identify the type.

How much notice must my landlord give me to leave?

For a PRT, a landlord must serve a valid Notice to Leave and then apply to the tribunal. The minimum notice is usually 28 days if you have lived there 6 months or less or if certain conduct grounds apply, and 84 days in other cases. The tribunal must be satisfied a ground for eviction exists and that it is reasonable to evict.

How much notice do I need to give to end my tenancy?

For a PRT, you can give at least 28 days notice in writing. Check your agreement for any practical arrangements about keys and check-out.

Can my landlord increase the rent and by how much?

Yes, but they must give at least 3 months written notice using the correct form. You can refer the proposed increase to a rent officer within the deadline if you believe it is too high. There are currently no Rent Pressure Zones in Aberdeenshire. Temporary rent cap rules that applied during the cost of living emergency have ended.

What are my rights if the property needs repairs?

Tell your landlord in writing and keep records. If they do not act within a reasonable time, you can apply to the First-tier Tribunal for a Repairing Standard decision. The landlord must meet legal safety checks such as electrical and gas inspections and provide interlinked smoke and heat alarms.

What should happen with my deposit?

Your deposit must be protected in an approved scheme within 30 working days from the tenancy start and you must receive the prescribed information. If not, you can apply to the tribunal for a penalty. At the end of the tenancy, any disputed deductions can be resolved through the scheme’s adjudication.

Are letting agent fees legal in Scotland?

No. Most charges to tenants, such as admin, inventory, or referencing fees, are unlawful premiums. You should not be asked to pay anything other than rent and a refundable deposit within the legal limit.

Can my landlord enter the property without my permission?

A landlord should give at least 48 hours notice for access to carry out inspections or repairs, and visits should be at reasonable times. In an emergency, immediate access may be justified. Otherwise, entering without permission could breach your right to quiet enjoyment.

What is illegal eviction and what should I do if it happens?

Illegal eviction includes changing the locks, removing your belongings, or threatening you to make you leave without a tribunal order. It is a criminal offence. Contact Police Scotland or Aberdeenshire Council immediately and seek urgent legal advice. A solicitor can help you apply for an interdict and pursue compensation.

Do Right to Rent checks apply in Scotland?

No. Right to Rent checks apply in England only. In Scotland, landlords may carry out referencing, but they cannot charge you a fee for it and must not unlawfully discriminate.

Additional Resources

Aberdeenshire Council Housing and Private Sector Housing teams for landlord registration, HMO licensing, and housing standards.

First-tier Tribunal for Scotland Housing and Property Chamber for eviction applications, repairing standard cases, deposit and letting agent code cases.

Rent Service Scotland for rent adjudication of proposed rent increases.

Shelter Scotland for free housing advice and practical guides.

Citizens Advice Scotland and local bureaux for benefits, debt, and housing advice.

Law Society of Scotland to find a solicitor experienced in housing law.

Scottish Legal Aid Board for information on eligibility for legal aid.

Police Scotland for urgent help in cases of unlawful eviction or harassment.

Next Steps

Identify your tenancy type and gather your documents, including the tenancy agreement, deposit information, rent increase or eviction notices, safety certificates, correspondence, and photographs or videos of any disrepair. Communicate in writing with your landlord or agent to create a clear record.

If you need independent advice, contact Shelter Scotland or Citizens Advice Scotland. For issues involving formal procedures such as eviction, repairing standard applications, or unlawful eviction, speak to a Scottish housing solicitor. Ask about legal aid if you are on a low income.

For local enforcement or registration questions, contact Aberdeenshire Council. If you receive a Notice to Leave or tribunal paperwork, do not delay. There are strict deadlines to respond or appeal. If you feel at immediate risk of illegal eviction or harassment, contact Police Scotland and seek urgent legal help.

Laws can change. Before taking action, check for any recent updates to Scottish housing legislation and guidance, especially around rent increases and eviction procedures.