Is Your Student Let Legal?

You’ve been offered a property. Before you sign anything or hand over any money, there are five things worth understanding. None of this is complicated, but knowing it puts you in a much stronger position — and means you’ll recognise a problem if you see one.

In Scotland, almost all private lets now operate under a Private Residential Tenancy, or PRT — a type of agreement introduced in 2017 that replaced the older assured shorthold tenancy used elsewhere in the UK. If you’ve rented in England before, the PRT works differently in some important ways.

The most significant difference is that a PRT has no fixed end date. Instead of a six or twelve-month term, the tenancy runs until either you or the landlord chooses to end it, following the correct notice procedure. This is generally better for tenants — you can’t be asked to leave simply because a fixed term has expired — but it also means the rules around notice are specific and worth understanding before you sign.

For most student lets, you’ll be signing a joint tenancy alongside your housemates. This means the group is collectively responsible for the rent — not just your share of it. If one person stops paying, the others are liable. It’s worth knowing this going in, because it affects how you think about who you’re signing with.

More detail on both of these points — how notice works, what joint liability means in practice — is covered in the tenancy agreements section.

In Scotland, the law is clear about what a landlord or agent can ask you to pay before your tenancy begins. There are two permitted charges: a deposit and rent in advance. That’s it.

Admin fees, referencing fees, credit check fees, and holding deposits with conditions attached are not legal. If you’re asked to pay anything beyond the deposit and advance rent, you don’t have to — and the landlord or agent asking you to is breaking the law. You may be able to claim it back, and they could be committing an offence.

This is worth knowing, because not everyone in the market behaves correctly. If something is requested that doesn’t look right, it probably isn’t.

The maximum deposit a landlord can charge in Scotland is two months’ rent. In practice, many landlords ask for less — often one month — but two months is the legal ceiling.

More importantly, a deposit can’t simply sit in the landlord’s bank account. Scottish law requires it to be lodged with one of three government-approved tenancy deposit schemes within 30 working days of your tenancy starting:

• SafeDeposits Scotland
• mydeposits Scotland
• Letting Protection Service Scotland

The landlord must also give you written confirmation that the deposit has been registered, including which scheme it’s held with and a reference number. If you don’t receive this within 30 working days, ask for it. If a landlord can’t or won’t confirm where your deposit is held, that’s a serious problem — and one you can take to the Housing and Property Chamber.

The schemes exist to protect both sides. When your tenancy ends, they handle any dispute over deductions, and your money can’t be withheld without a valid reason. Keeping a copy of your move-in inventory and photos is the most effective way to protect yourself at that point — more on that in the moving in section.

Every private landlord in Scotland is legally required to register with their local council. This isn’t optional, and it isn’t just a formality — operating as an unregistered landlord is an offence.

Before you sign anything, you can check whether your landlord is registered using the Scottish Landlord Register at landlordregistrationscotland.gov.uk. The search is free and takes about thirty seconds. You’ll need the landlord’s name or the property address.

If a landlord isn’t on the register, they shouldn’t be renting the property out. It doesn’t automatically make a tenancy invalid, but it does affect your legal protections and is a significant warning sign. A legitimate landlord will have no objection to you checking.

If three or more unrelated people are sharing a property — which covers many of the student lets in St Andrews — the landlord is required by law to hold a valid HMO licence issued by Fife Council. HMO stands for House in Multiple Occupation, and the licensing requirement exists to ensure shared properties meet specific safety and management standards.

You can check whether a property holds a valid HMO licence by contacting Fife Council directly, or by asking the landlord to provide their licence number before you sign. A landlord with a valid licence will have no hesitation producing it.

An unlicensed HMO isn’t a minor oversight. It means the property hasn’t been assessed against the required standards, the landlord is operating illegally, and your protections as a tenant are significantly weakened. If a landlord is unable or unwilling to confirm their HMO licence, stop. Don’t sign anything until this is resolved.