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Scotland: Renting a property before missives when it may fail rental standards

9 replies

52andblue · 22/03/2026 14:52

Further to my thread about buying a house started this morning (don't know how to formally link, sorry)

I am looking at buying an older property which needs work. I need to sell my house (similar, but in a village with an excellent High School which will help)
I am going to put in a long dated offer subject to sale which the seller says she will accept. We briefly discussed my renting the house before missives exchange. It would suit the seller & myself for a number of reasons.

Given the house has old electrics/heating I doubt it would pass modern rental inspection standards, therefore it might not be possible to do this via an estate agent or a lawyer (first choice). Is there still any way of us having a private written agreement that would give us both security in these circumstances?

OP posts:
Scotsgirl001 · 22/03/2026 15:20

I don’t see how it would be possible for the owner to legally rent the property to you if it doesn’t meet safety standard. The owner would also need to be registered as a private landlord. It could get very messy if something was to happen to the property, for both you and the owner.

Chemenger · 23/03/2026 08:37

I don’t see how this would work, renting a house doesn’t give you the right to do work on it, if that’s your plan. What if something goes wrong with your renovations and there is damage? You could just pull out of the purchase and the owner would be in a mess. It would be more straightforward to complete the purchase and move in to an AirB&B while the work is done. I don’t think you will persuade a solicitor to draw up a rental agreement outside the law.

Chatsbots · 23/03/2026 08:38

They would have to register as private landlords with the local authority too.

AirBnB?

PeregrinePun · 23/03/2026 10:07

Speak to your solicitor, in your situation a Licence to Rent can be drawn up if both parties agree, this is entirely different to the standard letting agreement. Whether it's advisable is entirely up to you. I almost used it when probate was delaying a purchase, and my sale was in jeopardy, but fortunately didn't need to.

52andblue · 23/03/2026 13:29

@PeregrinePun@ChemengerThank you, I will look into that.
@8would not attempt to 'persuade a solicitor to draw up a rental agreement outside of the law' @

OP posts:
52andblue · 23/03/2026 13:32

Sorry @Chemenger- my motivation would be to keep on top 9f large garden in summer, be able to let workmen in for quotes for heating, windows etc & clean. We'd probably need to stay in a caravan but access to house would be useful.

OP posts:
GinaWhoLikesADrink · 23/03/2026 15:31

Sounds complicated!

You could get a bridging loan to buy the property now/soon, then pay it back in 6 months when you sell your place. Obvs the loan will accrue interest, but if you were going to spend money on rent anyway that might cover it.

Viviennemary · 23/03/2026 15:34

A very bad idea. The owner could be prosecuted if a property is rented out without the required checks for landlords.

Motheranddaughter · 25/03/2026 04:35

GinaWhoLikesADrink · 23/03/2026 15:31

Sounds complicated!

You could get a bridging loan to buy the property now/soon, then pay it back in 6 months when you sell your place. Obvs the loan will accrue interest, but if you were going to spend money on rent anyway that might cover it.

Bridging finance is virtually impossible to get now

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