President's Guide: Already got a flat?

Your guide from Cameron if you already own a flat!

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If you have a flat—amazing! I hope it is what you dreamed of. However, I know what most of Scottish Housing is like, so probably not. Having lived in a flat with mould, which the landlord refused to fix, they tried to increase my rent! How ridiculous! Luckily, because of this, I know how to deal with dodgy landlords! This article is here to help provide tips and help prepare you, so you don't have to be scared! 

Know your rights 

Some landlords prey on the fact that many students do not know their rights. Landlords can’t punish you for understanding your rights; you can exercise your rights to ensure they look after the property. Unfortunately, if you live in private halls (PBSA’s) or on-campus accommodation, you fall under common law tenancy and have fewer rights. 

For private halls and On-Campus students, you can check out your rights. 

If you rent from a private landlord or a letting agency (if you live off campus, this is likely you), you’ll be given a private residential tenancy. These tenancies have substantial rights. Check out your rights here.

Some key rights that everyone has is: 

You must be given notice for access 

If your letting agent or landlord needs access to your home for repairs or inspections, they legally must give you at least 24 hours' notice in writing. The only time they can give less than 24 hours is in emergency repairs. If your landlord or letting agent turns up unannounced or wants to visit at an unreasonable time, you are legally allowed to refuse entry.   

You must be given notice of a rent increase 

Your landlord must give you at least three months’ notice of a rent increase. Your rent can only be increased once every twelve months. If a rent increase is too high, you can apply to a government rent officer to make it more affordable. If you have not been given enough notice, you do not have to start paying the new rent until three months have passed. Tell your landlord the correct date. If your landlord has not used the right form, you do not have to pay the higher rent. Tell them you do not agree to the increase and that they have not followed the legal process. 

Check out Shelter Scotland's advice on rent increases here: https://scotland.shelter.org.uk/housing_advice/tenants_rights/rent_increase_prt 

So stay brushed up on your tenant rights! Knowing what you’re entitled to can save you from headaches and ensure you’re not taken for a ride. Knowledge is power, my friend! 

Your repair rights! 

Let's make sure your property meets the legal standards, known as the tolerable standard. A property might not be considered fit to live in if it has: 

  • Issues with rising or penetrating damp. No one wants a soggy home! 

  • It’s not structurally stable (think Titanic, but on land). 

  • Not enough ventilation, natural or artificial light, or heating. You deserve a cozy, well-lit pad! 

  • There are no cooking facilities and nowhere to install them.  

  • The electric supply doesn’t meet safety regulations. Zap-free living is a must! 

  • It's not insulated well enough 

Check out the full list on Shelter Scotland, it includes information on how long these repairs should take and how to apply for help if your landlord is not doing repairs. https://scotland.shelter.org.uk/housing_advice/repairs/private/responsibilities 

Have you been given a rent hike? 

 If you’ve been hit with a rent hike, don’t fret—you don’t have to accept it! However, you need to act fast, as you only have 21 days from receiving the notice to contest it. 

The emergency cap on rent increases ended on 31 March 2024, which means your landlord can now raise your rent by any amount. If you think your rent increase is unfair, you can challenge it, and we strongly encourage you to do so promptly. 

You can fight your rent increase! Tenants can challenge a rent increase and get it reduced to 12%, the market rate, or kept at the landlord's increase, whatever is lower. It might seem like a scary or legally complex process, but people are about to help! So, if you want to contest your rent increase, contact Shelter Scotland or join a tenant's union! 

Join a Tenants Union 

Join a tenants’ union. It's like a trade union, but it's for renters! They’ve got your back when dealing with tricky landlords or dodgy contracts. It’s like having a superhero squad for renters! 

In Scotland, Living Rent is your tenant's union and here’s why you should join: 

  • Support and Advice: They provide expert advice on your rights and responsibilities as a tenant. Got a dodgy contract? They’ll help you understand it. 

  • Dispute Resolution: If you’re having issues with your landlord, from deposit disputes to repairs not being done, the union can step in and help mediate. 

  • Advocacy: Tenants’ unions fight for better housing conditions and policies. By joining, you’re adding your voice to a collective cause. 

  • Community: You’ll connect with other renters, share experiences, and get support from people who’ve been there and done that. 

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