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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