Renting out a flat - things we need to be aware of

[SirChenjins]

DS is moving out of the country for a while and is thinking of renting out his flat until he knows whether the move is likely to be permanent or not. He’s spoken to a couple of (long established, reputable, recommended) agencies and they have said there will be no problem in renting it out - it’s a good size in a desirable location.

We have never done anything like this before so want to know we’re doing everything by the book - hence going through an agency. However, I read something recently about the Scottish Govt not allowing tenants to be evicted even if they don’t pay the rent - which is very worrying.

Can anyone advise what we should be asking the agency and what we should be doing to prevent any problems further down the line?

I look after a flat and a house owned by a charity. Both are rented out.
Use an agent to do it. There are so many regulations, it needs smoke alarms, gas and electricity tested, tested for legionnaires disease etc. An agent will be up to date with the legislation.
You can evict a tenant for non-payment of rent, not immediately but you can.
You should ask what happens if he returns and wants to live in his flat, can the tenants be told to move out? I think the answer is no but ask the agent if anything can be put in the agreement.

You need to register for self-assessment to submit tax returns - rent is taxable income

Thanks @NotTooOldPaul that’s really good to know. I presume if he sets a lease of 6 months and then returns after that time he’s ok, he just couldn’t return within 6 months and expect to get his flat back?

@NimbleKnitter DH is an accountant so has been through that side of things with him. A lot to take in!

All rental leases in Scotland are now open ended with 28 days notice on each side so you cannot set a fixed term such as 6 months

scotland.shelter.org.uk/housing_advice/tenants_rights/private_residential_tenancy
This explains

Thanks so much for that link @readsalotgirl63 it’s really helpful. He won’t be going until later in the year so it will be interesting to see what happens after the proposed change to evictions after the Sept date.

The current administration are not fans of private landlords. The regulation around letting has become increasingly onerous which is one of the reasons there is a shortage of rental property in Glasgow.

www.mygov.scot/renting-your-property-out
This is also useful as is the Scottish Association of Landlords.

Thanks so much, I’ll take a look at that link. It does seem to be very much skewed in favour of the renters atm. I’ve been a renter in the past but fortunately the landlord was very responsible and any issues were sorted immediately - although I do get that not every landlord is like that and renters have to be protected. It seems very difficult to evict someone at the moment and that’s v worrying for DS - he’ll need a bit of rental income to help fund his own rental abroad so if he doesn’t get that it will create serious problems for him. No wonder there’s a shortage of rental properties.

The assumption seems to be that all landlords are chiselling Rachmanites. I agree there are some who are but the majority are just trying to make their investment work for them.

It certainly feels that way. I’m not for a minute defending the landlords who play the system and who treat their tenants appallingly but it definitely feels like a huge risk to rent out a property - I just hope he’s doing the right thing.

We have a rental property and had tenants until last year. We've been refurbing it but are very unsure as to whether or not to rent it again or not due to the possibility of getting someone who then defaults on rent and the difficulty, expense and sheer stress of evicting them.

If he is only going abroad for six months he may want to weigh up the pros and cons of letting it out. It can be quite expensive to get a flat ready for letting. A relative did it a few years ago but had cut off all the stickers confirming her furniture was fire resistant and so had to buy new sofa, chairs and beds.

It’s an 18 month visa but he’s hoping to get a permanent job and residency at the end of that time - all going well. The six months was just an example of the length of lease he might set, but a pp clarified that you can set a fixed lease any more.