If your tenancy started before 01 December 2017, you are likely to have an Assured or Short Assured tenancy.

Your landlord must have given you a Tenant Information Pack which sets out important information about:

  • Your tenancy
  • Information about the property
  • Information about your landlord
  • Responsibilities of tenants and landlords

Any Assured or Short Assured tenancy will continue to run until ended by either the landlord or the tenant.

If your tenancy started after 01 December 2017, you will have been given the new Private Residential Tenancy. Important tenancy information, including the rights and responsibilities of you and your landlord are detailed in the easy read notes which are provided along with the tenancy agreement.

More information on private renting is available at Renters Rights, on the Scottish Government's website and Shelter Scotland.

Please contact the Private Sector Team (see contact details below) if you are unsure or need advice.


Frequently asked questions

  1. Where to look for private rented properties for let?
  2. What information should a private let advert contain?
  3. What is Landlord Registration?
  4. Energy Performance Certificate
  5. What is Letting Agent Registration?
  6. What is the Repairing Standard?
  7. Deposits – what do I need to know?
  8. What’s an HMO?
  9. What is a short-term let?
  10. Who can I speak to for advice?
  11. How can I get help to pay my rent?
  12. Can I get help to manage my private tenancy?
  13. What are my landlord’s health and safety obligations?
  14. Where can I get Housing Options Advice?
  15. Where can I get Energy Advice and help to reduce my fuel bills?

Where to look for private rented properties for let?

The majority of properties are advertised online. Please see information under What information should a private let advert contain?

Only Letting Agents can advertise on the sites Rightmove and Zoopla: these sites offer more protection as letting agents require to comply with the Letting agent code of practice.

Other adverts can be found via sites like Gumtree and Facebook (not exhaustive). Properties can also be sourced via Supermarket information boards, shop windows or word of mouth. We would recommend that you take a copy or photograph of the advert for reference.

Should you have any concerns about an advert or have a problem with a potential landlord, please contact the Private Sector Team (see contact details below) to discuss.


What information should a private let advert contain?

  1. Landlord Registration Number (see What is Landlord Registration below) 
  2. Energy Performance Certificate 
  3. Letting Agent Registration Number (if advertised by a letting agent) (see What is Letting Agent Registration) 

If you are aware of an advert with missing information you can contact the landlord or letting agent and ask them to update the advert.

Alternatively, you can email the Private Sector Team (see contact details below). Online adverts turnover quickly. Please forward a copy of the advert wording as we will be unable to progress if the advert is removed. 


What is Landlord Registration?

Most landlords that rent private accommodation in Scotland require to be registered (there are some exceptions and your landlord's registration responsibilities are found on Shelter Scotland). To be accepted, they must be considered fit and proper, provide safety documentation and pay a three yearly fee to register them and their properties. Once registered they appear on the Landlord Register. You can check registration details via the public search facility.

Registration numbers contain 3 sets of numbers. 240 is the code for the Falkirk Council area. Three sets of numbers make up a registration number. If the middle numbers are not 240, it means the landlord is using a non-Falkirk Council area registration number. 

Please contact the Private Sector Team (see contact details below) if either, your landlord or the property you rent, are not registered.


Energy Performance Certificate

An EPC should be produced for all properties rented after 4/1/09.  The EPC rating must be stated in the lettings advert.  A copy should be displayed in the property.

If you are aware of an advert with missing information you can contact the landlord or letting agent and ask them to update the advert.

Alternatively, you can email the Private Sector Team (see contact details below). Online adverts turnover quickly. Please forward a copy of the advert wording as we will be unable to progress, if the advert is removed.


What is Letting Agent Registration?

All Letting Agents working in Scotland are required by law to: 

  • Follow a Letting Agent Code of Practice 
  • Be registered on the Scottish Letting Agent Register – to be accepted, every letting agent must be considered suitable to do the job and have met the minimum requirements.

    Once registered, they will be given a Letting Agent Registration Number (LARN).  The LARN should be included in all property adverts and on all communications.  You can check registration details via the public search facility.

Letting Agent Registration is managed by the Scottish Government. Please report any Letting Agent registration issues directly to the Scottish Government:

Code of Conduct complaints can be reported to the First Tier Tribunal for Scotland (Housing & Property Chamber). Please see how to apply to the tribunal for more details.


What is the Repairing Standard?

Properties let in Scotland must meet the  Repairing Standard.  Your landlord must repair and maintain rental properties at the start and throughout the tenancy. 

If you or a third party (Local Authority) believes a house does not meet the standard, they can make an application to the First Tier Tribunal for Scotland (Housing & Property Chamber) for a decision on whether a landlord has complied with this duty.

If you believe your rental property does not meet the Repairing Standard, please contact the Private Sector Team (see contact details below) for advice.

We would normally suggest that you raise repairing issues with your landlord or letting agent and give them time to resolve. The timescale you should allow will depend on the routine or emergency nature of the repair.

Every case is different – please contact us to discuss if you are unsure.


Deposits – what do I need to know?

  1. The maximum deposit you can be asked to pay is 2 times your monthly rent 
  2. If you pay a deposit to your landlord, they must lodge it into one of the 3 approved schemes in Scotland within 30 working days. The 3 approved schemes are: 

Further information and what to do if your deposit is not lodged in one of the schemes, see Tenancy Deposit Schemes and Going to the tribunal - Shelter Scotland.


Background Checks

Before letting a tenancy, a landlord or letting agents may ask you for:

  • Proof of Identity. This can by a:
    • Photo ID (passport, driving licence)
    • Utility bill from your current address (if you don't have photo ID)
  • Proof that you can afford the rent. You may be asked for:
    • Recent payslips or bank statements
    • Letter from employer confirming employment and duration
    • Accounts or bank statements, if self employed
    • An Award letter, if claiming benefits
    • A Credit check – this also advises if you have had any problems paying bills in the past.
    • they need your permission to do this
    • they should also confirm what information they will check and who will check it
  • References from your current/ previous landlords. You may be asked for:
    • addresses and dates where you have lived for the last 3 years
    • previous landlord contact details for the last 3 years
    • If you cannot provide a reference, they may ask you for your previous tenancy agreement
    • If you have not rented before they may ask for a guarantor: this is someone who provides a guarantee for rent/ damage caused. It could be a parent, guardian or some else. The guarantor should agree in writing that they are willing to be a guarantor and, if asked, confirm whether they agree to a credit check being carried out on them.

Illegal Premiums

Tenants can only be asked by a landlord or letting agents to pay for:

  • Rent
  • A refundable deposit (this cannot be more than 2 months' rent)

Anything else is an Illegal premium and is against the law. This can include:

  • Administration fees
  • Credit checks
  • Holding fees

Please contact the Private Sector Team (see contact details below), if you have been asked to pay a premium in a letting advert or from a prospective or current landlord or letting agent.

Information on how to claim back charges is available at Shelter Scotland: Unlawful fees.


What’s an HMO?

HMOs are tenancies that are Let to three or more people who are not related. HMO landlords must get an HMO licence from their Local Authority. HMO licensing falls within the remit of our Licensing section.  

Further information on HMO licensing is available at the Scottish Government website and Shelter Scotland.


What is a short-term let?

A short-term let can cover the following situations:

  • letting a second home, or
  • letting all or part of someone's own home when they are either absent or still living there

It includes sharing a house, renting a room as well as bed and breakfast/guest house accommodation.

Local authorities are required to establish a licensing scheme by 01 October 2022. 

The short-term lets scheme falls within the remit of our Licensing Section - see Licensing: Short-term lets for further information.


Who can I speak to for advice?

  1. Falkirk Council Private Sector Team (see contact details below) 
  2. Shelter Scotland (see the Shelter Scotland contact us page)  

How can I get help to pay my rent?

If you are on a low income, you may be able to eligible for Housing Benefit.  See our Housing Benefit for more information.


Can I get help to manage my private tenancy?

Information on the help available to manage your tenancy can be found on our Tenancy Support page.


What are my landlord’s health and safety obligations?

Information on your landlord's health and safety obligations can be found in your Tenant Information Pack or the Private Residential Tenancy Agreement and easy-read notes for details.


Can I get help to maintain my private-sector tenancy?

Our Homeless Prevention Team offers a range of assistance to help maintain private sector tenancies, this can include accessing Discretionary Housing Payments and tenancy sustainment to alleviate the threat of homelessness. For help and advice, please email preventionteam@falkirk.gov.uk.


Where can I find out about financial and practical support?

Please see our Renting privately: financial and practical support for information and links to a range of available support.


Where can I get Housing Options Advice?

You can access information and assistance from our Housing Options page 


Where can I get Energy Advice and help to reduce my fuel bills?

Home Energy Scotland can help to support you to reduce your fuel bills.