Renting Guide

Our aims

We aim to create sustainable tenancies, and to ensure that we treat everyone who applies to us for housing in a fair and professional manner.

Equalities

We will consider all applications, regardless of sex, faith or religion, race, ethnic origin, sexual orientation, mental or physical health, disability or marital status.

Confidentiality

We recognise that confidentiality is important to applicants and will treat information that we receive in the strictest confidence under the Data Protection Act 1998. We will not pass on or discuss with any third party any information provided by any applicant without the applicant's written permission.

Application process

All applicants interested in being considered for a rented property should complete the appropriate application form. We will advertise vacant properties and will also retain a list of potentially interested applicants, which we will review and update routinely.

Applicants must provide us with all of the information and any supporting evidence that we need to assess their circumstances. It is important that applications are completed carefully and with as much detail and information as required. Information provided must be accurate and up to date. Applicants must notify us of any changes to the information as soon as the change is known.

Applicants must co-operate fully with any reasonable investigations needed to confirm the details of an application that we carry out or which is carried out on our behalf and must allow our staff access to their home to inspect it. If we subsequently find out that we have created a tenancy that has been the result of an applicant providing false or misleading information, we may take action to end the tenancy.

Tenancy references and credit checks

When someone applies for a tenancy, we will ask them for the contact details of any current and previous landlords so that we can seek tenancy references. We will also seek proof of income and carry out a credit check to ensure that an applicant has the resources to sustain a tenancy successfully.

We will ask all applicants, and anyone applying to be housed with them as a joint tenant, who has to sign a mandate confirming that they are happy for us to seek a tenancy references and carry out credit checks. Without this authorisation we cannot contact landlords for a reference, we cannot get a credit check carried out. This means that we cannot process an application and cannot offer a tenancy. We will not make an offer of tenancy if a tenancy reference tells us that an applicant owes a landlord rent, has behaved anti-socially or has otherwise broken their tenancy agreement.

Your tenancy

Your rights in privately rented housing depend on the type of tenancy agreement you have with your landlord. The following information provides a broad set of rules for short assured tenancies. If there is any doubt, you should get legal advice to be certain of the type of agreement you have signed or are being asked to sign.

Short assured tenancy

The most common type of agreement in the private sector is a short assured tenancy, which has been available since 2 January 1989. Your landlord must give you a special form (called an AT5 form) before you sign your tenancy agreement or move in. The form states it is a short assured tenancy. The initial let must be for at least six months otherwise it is not a short assured tenancy. After the initial let period your landlord has the right to reclaim possession of the property. However, short assured tenancies could be for longer, so you may want to discuss this with your landlord to see whether both parties would like a longer period of let.

The tenancy agreement is a written document. Its terms should be agreed between you and the landlord or letting agent before you sign it. Where there is any doubt you should seek legal advice.

Your tenancy agreement will include the following:

The name and address of the landlord or agent (or both).
The landlord’s registration number.
The length of the tenancy, with start and end dates.
Rent: amount due, when it is due, how it should be paid and if it will increase during the tenancy.
How much is the deposit and possibly which tenancy deposit scheme will hold the deposit.
Who is responsible for internal decoration and internal and external repairs and maintenance.
How many tenants may occupy the property.
Any condition or restrictions on the use of the property, for example about pets, guests or smoking.

When we make an offer of housing to joint applicants we will create a joint tenancy. This will help protect the rights of each joint tenant, while making them jointly and severally responsible for maintaining their conditions of tenancy.

Ending your tenancy

Your short assured tenancy agreement will state how long you will be renting the property. At the end of that time, your tenancy will automatically renew itself unless:

your landlord gives you written notice that they want you to leave the property;
you give your landlord written notice that you want to leave at the end of the fixed term; or
your tenancy agreement states what will happen at the end of the initial fixed term.

If you want to leave

As a short assured tenant, it is important to consider the following:

Ending the tenancy at the end of the fixed term: if you want to leave when the fixed term ends, you should give your landlord written notice. Your tenancy agreement should state how much notice you need to give.
Ending the tenancy before the fixed term ends: your tenancy agreement should say whether or not you can end your tenancy before the fixed term ends, and how much notice you need to give. If your tenancy agreement does not mention this, you may find your landlord can still charge you rent until the fixed term ends, even if you need to move out before this.

Inventories

An inventory is a list of everything in the property that you are renting (for example, furniture, carpets and curtains, kitchenware) and its condition.

An inventory can help avoid a dispute over your deposit when you move out because it proves what state the property was in when you moved in. In particular, it can help if a dispute is lodged with a tenancy deposit scheme.

It is in our interest to provide an inventory because if you break or damage anything while you are living there, the inventory shows it was not broken before you moved in. On the other hand, if anything in the property is already damaged, the inventory proves you did not do it.

We will give you an inventory. In summary, here are the key things you should do:

Check the inventory before you sign it – make a note of anything damaged, broken or worn.
Make sure everything in the property is listed on the inventory, and that it lists nothing you cannot find in the property.
Make sure you and your landlord sign the inventory – once you are sure the inventory is correct, both you and your landlord or letting agent should sign it.
Take photos, then you can prove the state of the property when you moved in.
Store the inventory and your photos in a place where you can find them in case you need to rely on them to get your deposit back.

Your Rent Deposit

A tenancy deposit scheme is an independent third-party scheme approved by the Scottish Government to hold and protect your deposit until we need to repay it at the end of the tenancy.

Avant lodges our tenancy deposits with Safe Deposits Scotland. You can read more the Safe Deposits Scotland website: www.safedepositsscotland.com

How do tenancy deposit schemes work?

All landlords who receive a deposit must comply with the tenancy deposit scheme regulations. We will give you information on the circumstances in which we may withhold your deposit and give you details of the scheme protecting it. Once you pay the deposit to us, we must give it to an approved deposit scheme to hold in a designated account. We will ensure the deposit remains with an approved scheme until it is due to be repaid after the end of the tenancy.

How will I get my deposit back at the end of a tenancy?

We will apply to the scheme for repayment of the deposit after the end of the tenancy, giving details about how much of the deposit should be repaid to you. If this does not happen, you can also apply for repayment.

The scheme will write to you, asking you to say whether you agree with our application, or whether you wish to dispute the amount. If you agree with our application, the scheme will repay the deposit accordingly. If you disagree with the amount of deposit we have applied for, you can ask for the dispute to be referred to an independent adjudicator. Before this can happen, the scheme must be sure you have tried to resolve the dispute with us. The adjudicator will decide how the deposit should be repaid, based on evidence from you and us as landlord.

How long will it take to get my deposit back?

If you agree with our application, the deposit will be repaid in five working days. The return of deposits may take longer if the amount is disputed or if one of the parties cannot be contacted or does not cooperate. You can read more about tenancy deposit schemes on the Scottish Government website: www.scotland.gov.uk/privaterenting

Landlord Registration

Private landlords must register with their local council to ensure they are a ‘fit and proper person’ to let property. Details of any properties let by a landlord and any agent acting on a landlord’s behalf must be notified to the council. For most landlords it is an offence to let a property without being registered, with a maximum fine of £50,000.

Our landlord’s registration number is included in your tenancy agreement.