Renting

This page is for people looking to rent a private property in Orkney, or who are already in a private tenancy and need advice. The information here is a general guide and not a precise statement of the law. If you need specific advice, contact us.

If you are looking for a council or housing association property, see our Council Housing page or visit Orkney Housing Association Ltd.

Finding a private let

Private lets in Orkney are advertised in the local newspaper each Thursday and through local estate agents. However, many properties are never advertised and are let by word of mouth, so it is worth asking around and letting people know you are looking. Placing your own advert in local newspapers or shop windows can also be effective.

You can also check for available properties online at orkney.com or through Orkney Lets, our property advertising service, which allows private landlords to list available properties via our website. Details are also available in paper format at the Council Offices in Kirkwall.

Can I afford a private let?

Private lets are generally more expensive than council or housing association properties. Before signing a tenancy agreement, make sure you can afford all the costs involved, not just the rent. These may include:

• Council tax
• Electricity and other fuel
• Food
• TV licence
• Contents insurance

If you are on a low income or claiming benefits, you may be entitled to help with your rent through Local Housing Allowance (LHA). LHA does not always cover the full rent, so check your likely entitlement before committing to a property. Contact the Housing Benefit Section on 01856 873535 for more information.

Help with budgeting and debt is available from:

 Orkney Citizens Advice Bureau, Anchor Buildings, Kirkwall (telephone: 01856 875266).

Rent deposits

Many landlords ask for a deposit before you move in. This is held against any damage to the property during your tenancy. Provided the property is left in the same condition as when you moved in, the deposit is returned to you in full. Nothing can be deducted for reasonable wear and tear.

A deposit cannot be more than two months' rent. Before you move in, make sure you understand what could be deducted and that there is a detailed inventory with dated photographs.

All deposits must be placed with one of the national tenancy deposit schemes. More information is available on the Scottish Government's website.

Council rent deposit scheme

If you are homeless or at risk of becoming homeless and need help with a deposit for a private let, we may be able to help. If your application is approved, we pay the deposit directly to the landlord, who places it with a national deposit scheme. You then repay us in instalments. We can pay up to one month's rent under this scheme.

If you find somewhere to rent, tell your landlord that you are contacting us about the scheme, then complete an application form with details of the property. Contact our Homelessness and Advice Section on 01856 873535, extension 2188, for more information.

Please note that a landlord cannot charge you key money or charge you for providing a tenancy agreement. These charges are illegal.

Tenancy agreements

Your landlord must provide you with a written tenancy agreement (sometimes called a lease). Read it carefully before you sign. It must include:

• Who the agreement is between
• The amount of rent due
• The property or rooms you are renting
• The start date of the tenancy

A good tenancy agreement should also cover:

• When and how rent is payable
• What is included in the rent (electricity, council tax, gardening etc.)
• Details of any deposit, including what it covers and the circumstances under which it may be retained
• Whether you can sub-let, take in a lodger or pass the tenancy to someone else
• Who is responsible for internal decoration
• How the tenancy can be ended and how much notice each party must give
• Whether pets are allowed or smoking is permitted

Certain conditions are set by law and cannot be overridden by the tenancy agreement. For example, your landlord must give you at least 28 days' notice, regardless of what the agreement says. If you are unsure about anything in your agreement, contact our Homelessness and Advice Section for free, confidential advice before signing.

If you pay your rent weekly, your landlord must give you a rent book. If you do not pay weekly, ask for some form of written proof of payment, particularly if you pay in cash.

Types of tenancy

Private Residential Tenancy

Since 1 December 2017, most new private tenancies are private residential tenancies. This type of tenancy is open-ended and continues until you choose to leave or your landlord uses one of 18 grounds for eviction. It gives you greater security and stability as a tenant.

Assured tenancy (before 1 December 2017)

Assured tenancies created before December 2017 give strong security of tenure. Your landlord cannot end an assured tenancy without a valid ground for doing so and a court order.

Short assured tenancy (before 1 December 2017)

Short assured tenancies were for a fixed period of 6 months or more. You have the same rights as an assured tenant during the agreed period. However, your landlord can end the tenancy at the end of the agreed term by serving the correct notices.

Resident landlord

If you share a bathroom, kitchen or entrance with your landlord, you probably have a resident landlord. This means you do not have a private residential tenancy or assured tenancy, and you have less security of tenure. Your landlord must still obtain a court order before you have to leave, but you are only entitled to reasonable notice. If your landlord asks you to leave or you have any problems, contact our Homelessness and Advice Section immediately.

If you are not sure what type of tenancy you have, contact us.

Your landlord's responsibilities

Your landlord must ensure that your property meets the Repairing Standard throughout your tenancy. This means the property must be:

• Wind and watertight and reasonably fit for human habitation
• Sound in structure and exterior, including drains, gutters and external pipes
• Equipped with working installations for water, gas, electricity, sanitation, space heating and water heating
• Fitted with working fixtures, fittings and appliances provided under the tenancy
• Furnished with furnishings that can be used safely
• Fitted with working smoke alarms

Your landlord must give you at least 24 hours' written notice before accessing the property to carry out an inspection or repairs, unless it is an emergency.

If your landlord fails to carry out repairs they are responsible for, you have the right to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). You must have reported the repair to your landlord and given them a reasonable opportunity to carry out the work before you apply.

Your responsibilities

As a tenant, you must keep the property in good condition and repair any damage you cause. If your landlord has to repair damage you have caused, they have the right to recharge you for the cost.

Local Housing Allowance

If you are claiming benefits or have a low income, you may be entitled to help with your rent through Local Housing Allowance (LHA). The amount you receive depends on the size of your household and your income.

LHA is paid either directly to you every two weeks in arrears, or directly to your landlord every four weeks in arrears, depending on what you have requested. If you are 8 weeks or more in rent arrears, your landlord can request that payments are made directly to them.

For further information, contact:

Help with housing costs

If you are struggling to meet your housing costs, see our homelessness support page for information on the help available.

Contact us

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