Landlord legal obligations

Rents and deposits

Various rules apply to the charging and handling of rents and deposits:

  • No charge must be made for a person to have their name put on a list for accommodation.
  • No charge must be made for drawing up or copying the tenancy agreement.
  • If a deposit is required, it must be no more that the equivalent of two months’ rent. Deposits must be lodged with one of the three tenancy deposit schemes.
  • If rent is paid weekly, the landlord must issue a rent book and enter a receipt for each weekly payment.
  • The tenant cannot be required to pay rent before the start of the rental period to which it relates.
  • Proper procedures must be followed before changing the amount of rent to be charged.
  • Under a private residential tenancy, if a tenant pays in cash they must be issued with a receipt stating the amount paid and whether the account is up to date or there is still an amount outstanding.

Find out more information on rents and deposits on the Scottish Government's Private landlord webpages.