Landlord legislation

Private landlords legal responsibilities include:

  • Landlord Registration – all private landlords in Scotland are required to register with the local authority where they are or will be renting out property
  • Tenancy Deposit Scheme landlords must use an approved scheme to protect deposits until they are due to be repaid and provide the tenant with key information about the tenancy and deposit
  • Tenant Information Pack landlords have a legal duty to provide new tenants with this pack, which provides important information to tenants in the private rented sector
  • Repairing Standard – Landlords must carry out a pre-tenancy check of their property to identify work required to meet the minimum standard and notify tenants of any such work. Landlords also have a duty to repair and maintain their property from the tenancy start date and throughout the tenancy
  • Alarms & Detectors – the Repairing Standard also includes a duty to install smoke alarms and heat and carbon monoxide detectors and there is strict guidelines on the number and positioning of these
  • Energy Performance Certificate – all Landlords must provide this before their property can be let
  • Gas Safety Checks – all properties with gas are required to be checked by a Gas Safe Engineer annually and a certificate given to the tenant
  • Electrical Testing – there is a legal duty to conduct five yearly electrical checks of the fixed wiring and any electrical appliances supplied in privately rented homes
  • Furniture and Furnishings – furniture included in privately let accommodation must meet current fire resistance requirements
  • Legionnaire’s disease – landlords have a duty to carry out a risk assessment of hot and cold water systems to check for this
  • Non-Resident Landlords Scheme – HMRC scheme for taxing the UK rental income of landlords whose usual place of abode is outside the UK

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