Information for Landlords

All private landlords letting residential properties in Scotland must be registered in the register of landlords. It is a criminal offence to do letting agency work if you aren't on the register and if you're convicted, you could face a fine of up to £50,000, up to 6 months imprisonment or both. Landlords who only manage their own properties will not be required to comply, However, landlords who manage properties for friends or family members may be required to register depending on the circumstances of the arrangement. If you are acting on behalf of a friend or family member under a Power of Attorney you will not need to register.

The aim of landlord registration is to ensure that all private landlords in Scotland are "fit and proper" to be letting residential property. The requirement will help local authorities to remove disreputable landlords from the market and protect tenants and their neighbours from the impact of antisocial behaviour and mismanaged property on the wider community. 

Registration is simple, Register online www.landlordregistrationscotland.gov.uk or contact your Local Authority.

Gas safety regulations require landlords to ensure that all gas fittings and flues are maintained in a safe condition. All gas appliances provided by them, this includes gas meter, boilers, heated water tanks, fires and cookers must be checked for safety every 12 months by a Qualified Gas Safe engineer. A copy of the certificate must be given to the tenant.

Electrical Equipment (Safety) Regulations 1994 require all Landlords to ensure that electrical equipment is safe, will not cause danger and satisfies the safety requirements of the Regulations.  (EICR) must be carried out before a tenancy starts and at intervals of no more than 5 years from date of previous inspection.  PAT testing of appliances provided by the landlord, such as kettles, toasters.

Landlords have a legal duty to prevent or control the risk from exposure to Legionella under the Heath and Safety at Works etc Act 1974, therefore must carry out risk assessments on water systems on their properties and produce a Water Test Certificate.

All private rented properties must have a functioning either mains-operated alarms or tamper proof long-life lithium battery alarms.

The standard requires:

• One smoke alarm installed in the room most frequently used for general daytime living purposes
• One smoke alarm in every circulation space on each storey, such as hallways and landings
• One heat alarm installed in every kitchen

All alarms should be ceiling mounted and interlinked. There is also a requirement for carbon monoxide detectors to be fitted where there is a carbon-fuelled appliance (such as boilers, fires (including open fires), heaters and stoves) or a flue

The Repairing Standard is a basic level of repair that all private rented properties must meet. A home meets the Repairing Standard if: it's wind and watertight. the structure and exterior (like the walls and roof) are in a reasonable condition. Landlords have a duty to repair and maintain the property at the start of the tenancy and at all times during the tenancy, including a duty to make good any damage caused by carrying out this work.

Houses of Multiple Occupation, properties shared by 3 or more individuals none related (from more than 2 families) must have a current HMO licence. The landlord of an HMO must have a licence from the local authority where the property is situated.

Landlords must pay their tenant's deposit into an approved tenancy deposit scheme (within 30 days of receiving same) and provide the tenant with key information about the deposit scheme.

Before you can market a property you must have an Energy Performance Certificate. This must be displayed in all advertisements.

From 1 April 2020 any new tenancy will require the property to have an EPC of at least Band E. By 31 March 2022, all properties will need to have at least EPC Band E. From 1 April 2022 any new tenancy will require to have an EPC of at least Band D. By March 2025 all properties will need to have at least EPC Band D.

Landlords have a legal duty to provide new tenants with this pack which provides important information such as copies of all the current safety certificates for the property.