A private landlord or landlord can apply for a deposit before signing a rental agreement. It is sometimes referred to as « key money » or « holding deposit. » You must return the money as soon as the lease begins, or if you decide not to take the lease. If they do not refund you, it becomes an illegal tax, also known as a premium. When a tenant dies, the lease ends unless a person residing in the property can inherit the lease. A change of ownership does not create a new lease, the original contract is maintained. The tenancy system defines the legal agreement between the tenant and the lessor and is an important part of ensuring that the private rental sector is functioning properly. If your landlord uses the Scottish Government rental model, they should also give you the « Easy Read Notes » which explain the rental conditions in plain English. It is more difficult to prove what has been agreed if not written. This is because there is often no evidence of what has been agreed, or that there may be a problem that is not covered by the agreement. You can also prove what has been agreed by other means, for example with emails or text messages. Most common law tenants can terminate their leases before the term of the tenancy agreement expires. In your rental agreement, you may have to cancel four weeks in advance if you want to move or your landlord will have to inform you four weeks in advance if they want you to leave. You cannot sublet, accommodate a tenant or transfer your tenancy agreement to someone else before receiving a written agreement from your landlord.
Private tenancy regulations will put an end to fixed-term rents, which means that leases are effectively indefinite. If your landlord does not use the typical rental agreement, he must give you the legal terms of the residential rental agreement: letters of support, with your rental agreement that explains the 9 basic conditions that your landlord must include in the rental agreement. « The new rental agreement is in line with our broader housing ambitions in Scotland – including our ambitious commitment to create at least 50,000 affordable housing units in this Parliament, including the brake on renting. » If a landlord has used another type of rental agreement, they must give these notes to their tenant: the Scottish Government has issued a standard tenancy agreement that allows your landlord to establish a rental agreement. This rental agreement contains certain legal conditions that include the rights and obligations of both parties, including: Check what type of private rent you have. Check what type of lease is tolerated.