Tenants in Scotland’s private rented sector who experience common problems such as rent increases, poor housing conditions, threats of eviction and difficulties recovering deposits, are struggling to resolve them.
Although there are existing mechanisms to help tenants resolve issues, tenants are often unaware they exist, are unsure how to access them or feel unable to navigate the process without support.
The report A Fairer Rental Market: Exercising tenancy rights in Scotland’s private rented sector recommends better information, improved access to support and more user-friendly processes to help tenants resolve issues when problems arise.
Scotland was declared to be in a housing emergency in May 2024 because of a lack of affordable housing.
The new Housing (Scotland) Bill and the Scottish Government’s Housing Emergency Action Plan contain various measures to improve the supply and quality of private tenancies.
Consumer Scotland welcomes these steps, but believes there is a need for additional action to ensure tenants can effectively resolve the range of problems they face.
Key findings from our research include:
- Tenants are unsure about their rights and responsibilities which can discourage them - particularly those renting first-time - from raising issues if things go wrong
- Tenants often seek advice when issues become critical due to personal factors, such as health concerns or prolonged landlord inaction
- Getting formal advice is often key to resolving tenancy issues, yet tenants can feel uneasy seeking it and don’t always know where to go
- Pursuing formal routes often requires ongoing help, with fears of landlord retaliation and limited access to support to navigate legal processes acting as major barriers
- Existing mechanisms to help tenants resolve issues can feel unwelcoming, with complex processes and delays often outweighing perceived benefits of using them
Consumer Scotland has made a series of recommendations to the Scottish Government, including:
- Clearer guidance for tenants and landlords on their rights and obligations following the passage of the Housing (Scotland) Bill
- Improved access to free advice services at an early stage to support tenants in resolving issues
- Ongoing support for tenants engaging with formal redress processes
- Ensuring redress processes are timely, transparent and easy to navigate, with safeguards against retaliation
Consumer Scotland Policy Manager Eva Ablett said:
“Tenants said they often feel uncertain about their rights and how to resolve their issues when things go wrong. Many find that existing options, such as the Tribunal, can be difficult to navigate and take time, which can put them off.
“Our research shows that access to clear information is needed to help tenants raise issues as soon as they occur. Access to free, ongoing advice and support and user-friendly redress options are also essential to help renters secure fair outcomes.
“We welcome the actions that the Scottish Government is taking to improve the renting experience, but we want to see a more coordinated approach to information, advice and redress systems to ensure tenants are better protected and empowered in the future.”
As the statutory advocate for consumers in Scotland, Consumer Scotland will continue to engage with the Scottish Government and key organisations across the housing, advice and redress sectors to support implementation of our recommendations.
Background
Research for A Fairer Rental Market: Exercising tenancy rights in Scotland’s private rented sector was carried out by Thinks Insight and Strategy on behalf of Consumer Scotland.
The research included in-depth interviews with 40 tenants who had experienced problems including repairs, poor conditions, deposit issues, rent increases and evictions.
In addition, the research targeted a range of individuals from key sector organisations including advisers involved with national advice bodies, law centres and charities.
The research is part of a wider programme of work by Consumer Scotland to gather evidence and identify solutions to reduce harm to tenants, increase consumer confidence and advance fairness across rental sectors.
There are currently 311,000 households in Scotland’s private rented sector.
The First-tier Tribunal is an independent judicial body that hears appeals and resolves disputes in various areas of law including housing.
Other resolution pathways include local authority enforcement procedures and Rent Service Scotland, a government service that assesses whether a rent increase or proposed rent is fair.
Consumer Scotland published a briefing in advance of Stage 3 of the Housing (Scotland) Bill which was shared with all MSPs.
Consumer Scotland is the statutory body for consumers in Scotland which was established by the Consumer Scotland Act 2020.