the law | general matters

This guide was produced by the Scottish Executive and aims to provide the answers to most questions on the rights and responsibilities of both the landlord and the tenant.
It does not apply to:
a. council tenants
b. tenants living in the same house as the landlord (but see question 2(xi))
c. tenants of private landlords whose tenancies started before 2 January 1989
d. tenants of registered housing associations whose tenancies started before 2 January 1989 (but see question 3)

68. Must the identity of the landlord be disclosed?

Yes. If the tenant makes a written request for the landlord's name and address to the person who receives the rent or to any other person acting on behalf of the landlord, a written statement of the landlord's name and address must be supplied by that person within 21 days of receiving the request, unless he has a reasonable excuse. Failure to comply is a criminal offence, punishable by a fine of up to £2,500.

69. What if the landlord changes?

If the landlord changes, the new landlord must give his name and address to the tenant within two months or by the first rent day after the transfer, whichever is the later. Failure to comply is a criminal offence punishable by a fine of up to £2,500. If the new landlords are trustees, it is enough to describe them as trustees of the trust in question and give the address from which the trust is administered.

70. What if the landlord is a company?

If the landlord is a company, a written statement giving the name and address of every director and of the secretary of the company must be provided in response to a written request for such information, again within 21 days. Failure to comply is a criminal offence, punishable by a fine of up to £2,500.

71. Can a prospective tenant be asked to pay a premium ("l~cey money") before the tenancy is granted?

No. Generally it is against the law to require or to receive any premium or key money as a condition of granting, renewing, continuing or assigning (passing on to someone else) an assured or short assured tenancy. Any person unlawfully requiring or receiving a premium is liable to a fine of up to £400 and the court may order repayment of the premium.

72. Are payments for "fixtures and fittings" premiums?

only if the purchase of the fixtures and fittings is required as a condition of the grant, renewal, continuation or passing on of an assured tenancy and the payment is more than the reasonable price of the fixtures and fittings. The amount by which the payment is more than the reasonable price counts as a premium, and is therefore illegal.

73. Are returnable deposits premiums?

No. A landlord will not be committing an offence if he asks for a returnable deposit to cover damage to the house or its contents, or to cover unpaid bills for which the landlord would ultimately be liable, provided the deposit does not exceed two months' rent.

74. Can the outgoing tenant or the landlord require an incoming tenant to purchase the furniture?

Yes. But the price asked must be reasonable and a written list of the furniture and other fittings specifying the price sought for each item must be provided. If the seller of the furniture fails to give such a list, or asks for an unreasonably high price for anything, he is liable to a fine up to £400.

75. if the price asked for furniture and fittings seems too high, what can be done about it?

The prospective buyer can go to the local authority for the area, who, if they have reasonable grounds for suspecting that the price asked is to high, have powers to inspect the furniture and fittings in question.

76. Can the tenant be asked to pay rent in advance?

Most landlords, including housing associations, charge rents either weekly or monthly in advance. However, a tenant cannot be required to pay the rent before the start of the rental period to which it relates or, if the rental period is longer than 6 months, earlier than 6 months before the end of the rental period. Any requirement that the rent should be paid earlier is of no effect, so that the rent for any period to which the requirement is supposed to relate cannot be recovered from the tenant. Anyone who tried to enforce such a requirement is liable to a fine of up to £400 and the court may also order the repayment of any rent paid in advance.

77. Is there a limit to the price which can be charged for metered gas and electricity?

Yes. There is a highest price at which electricity and gas supplied can be resold. Thus, if a tenant pays for these by means of a meter supplied by his landlord he should not be charged more than the highest price laid down. Details of the highest prices which can be charged should be available fr om the local gas or electricity showroom or your local Citizens Advice Bureau.

78. What if a tenant's gas or electricity is cut off because the landlord has not paid the bills?

If a tenant's gas or electricity supply is cut off, or likely to be cut off, because the landlord has not paid the bills, he should contact his local gas or electricity showroom. British Gas or the electricity board may be able to help in these circumstances, particularly if there are elderly people, invalids or young children occupying the house or rooms.

79. Can the landlord enter the house whenever he wants?

The landlord is entitled to enter the house only if and so far as the tenancy agreement specifically says that he may, except that there are special rules about access for repairs which are explained in question 62.

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