It is important to remember that both tenants and landlords have rights and responsibilities.  If you are experiencing difficulties in the tenancy information can be found on the following links for advice and assistance.  It is also important to be aware that the law differs in Scotland from the rest of the UK.

The most important thing to remember is that if you are not sure of where to go for help, or if the advice you have been given elsewhere is accurate, the Homeowners Service (Private Sector) will be able to assist.

Private rented tenancies can break down due to a lack of communication on both sides and talking and asking questions are important to help resolve issues before they reach a crisis point.

Private Landlords have a duty to register with the Local Authority, you can find out here if a landlord is registered  Private Landlord Register

Useful websites

The First-tier Tribunal for Scotland (Housing and Property Chamber)

The First-tier Tribunal for Scotland (Housing and Property Chamber)

The First-tier Tribunal for Scotland (Housing and Property Chamber) was formed to deal with determinations of rent or repair issues in private sector housing; assistance in exercising a landlord’s right of entry; and relatively informal and flexible proceedings to help resolve issues that arise between homeowners and property factors.

Housing and Property Chamber, First Tier Tribunal

Scottish Association of Landlords (SAL)

The Scottish Association of Landlords is the largest and only dedicated national organisation that represents landlords and letting agents throughout Scotland.

Members benefit from Unlimited access to the SAL telephone advice helpline 0131 564 0100

Scottish Association of Landlords (SAL)

Landlord Accreditation Scotland (LAS)

Landlord Accreditation Scotland (LAS) is the national accreditation scheme for Scottish landlords & letting agents, promoting best practice in the private rented sector by offering training and education across the country.

Landlord Accreditation Scotland (LAS)

Further information can be found on the East Ayrshire council website.

Data Protection

The Data (Use and Access) Act 2025 (DUAA) introduces a number of updates to the UK’s data protection framework. The Act amends aspects of the UK GDPR and the Data Protection Act 2018, with provisions being brought into force in stages during 2026.

Overview

The DUAA does not replace the existing regime but makes targeted reforms intended to clarify and, in some areas, streamline requirements. The core data protection principles—lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, and security—remain unchanged.

Key changes of note

– Subject access requests (SARs): Clarification of when requests can be refused or charged for (e.g. where they are vexatious or excessive)

– Complaints handling: A new requirement for organisations to have a formal process for handling data protection complaints, with this element commencing in June 2026

– Regulatory changes: Updates to the role and structure of the Information Commissioner’s Office (ICO)

Impact on private landlords and letting agents

For private landlords and agents, the practical impact is expected to be incremental rather than fundamental. However, there are a few areas to be aware of:

– Handling tenant data: Existing expectations remain—personal data must be processed lawfully, kept secure, and only retained as long as necessary

– Subject access requests: Agents and landlords should be aware of the updated thresholds for refusing or managing repeat/unfounded requests

– Complaints procedures: Letting agents should ensure they have a clear process for handling data protection complaints in line with the new requirement

Please note that this advice is provided for general guidance only and does not constitute legal advice. Private landlords and letting agents should seek their own independent legal advice where they require confirmation on how data protection law applies to their specific circumstances.

Awaab’s Law to come to Scotland

Social housing residents in Scotland will be given greater protection against issues of disrepair in their homes such as damp and mould through the introduction of Awaab’s Law.

Awaab’s Law is named after two-year-old Awaab Ishak who died in 2020 after being exposed to mould in his home in Rochdale.

The Scottish Government intends to introduce amendments to the Housing (Scotland) Bill that will broaden Ministers’ powers to impose timeframes on social landlords to investigate disrepair and start repairs, through regulation, following engagement with the sector.

The regulations will build on provisions already in the Bill on strengthening tenants’ rights and Scotland’s existing legal protections for social tenants such as the Scottish Housing Quality Standard and the Right to Repair Scheme.

Housing (Scotland) Bill | Scottish Parliament Website

Registered social landlords are required to meet the Scottish Housing Quality Standard (SHQS) which requires housing to be free from rising or penetrating damp, to have satisfactory ventilation and meet minimum energy efficiency standards.

Just like the social rented sector, the Scottish Government is committed to and will consider how to implement Awaab’s Law for private tenants, using existing powers, after engagement with the private rented sector.