Landlord responsibilities in Scotland

When letting in Scotland, there are a number of responsibilities landlords should fulfil.

Your responsibilities

Register as a landlord with the local council in the area where your rental property is located , and renew your registration when required.
Give the tenant your name and address (or your agent’s details) so they know who is responsible for the tenancy.
Ensure that their deposits are registered with an approved tenancy deposit scheme. Find out more about logging your tenant’s deposits.
Protect any tenancy deposit (if taken) in a Scottish Government–approved tenancy deposit scheme within 30 working days of the tenancy starting and give the tenant the required deposit information within the same timeframe.
Provide the tenant with a written tenancy agreement (for most private lets this will be a private residential tenancy).
Take reasonable steps to deal with antisocial behaviour by tenants or anyone living with or visiting them, in or around your property.
Provide an Energy Performance Certificate (EPC) where required when marketing and letting the property.
Carry out a legionella risk assessment and manage any identified risks.
Meet gas, electrical and other safety requirements and provide certificates/reports to tenants as required.
If the property is an HMO (house in multiple occupation), make sure you have the correct HMO licence in place and comply with any additional HMO standards.

Meeting the repairing and tolerable standards

If you’re renting out a property, you are responsible for ensuring it meets the repairing and tolerable standard. This is the basic legal standard that private rented properties in Scotland must meet.

As a practical checklist, this includes ensuring:

The property is wind and watertight and in a reasonable state of repair.
Installations for water, gas and electricity are safe and in proper working order.
Any fixtures, fittings and appliances you provide can be used safely for their intended purpose.
The property has the required smoke, heat and carbon monoxide alarms (see below).
Heating and hot water systems are working properly.
You respond to repair issues within a reasonable time and allow repairs to be carried out.
Is structurally stable and free from significant dampness.
Has adequate natural and artificial lighting, ventilation, and heating.
Provides a safe and sufficient supply of wholesome water within the house.
Includes essential facilities such as a sink with hot and cold water, a water closet/toilet, and a fixed bath or shower.
Has effective drainage and disposal systems for foul and surface water.

Safety checks and certification

Gas safety

If there is gas in the property, you must arrange a gas safety check at least every 12 months by a Gas Safe registered engineer.
Provide the tenant with a copy of the gas safety record.

Electrical safety

Electrical safety inspections must be carried out by a competent person and include an electrical installation condition report (EICR).
If you provide portable appliances, make sure they are safe (portable appliance testing may be needed as part of your electrical safety management).
A common minimum inspection interval is every five years, unless an earlier inspection is recommended in the report.

Tenancy deposits

If you take a deposit, it must be protected in an approved scheme within 30 working days of the tenancy start date.
Within the same 30 working days, you must provide the tenant with key deposit information, including the scheme details and the circumstances in which you may retain some or all of the deposit at the end of the tenancy.

Fire safety and alarms

For most homes in Scotland, the key requirement is having the correct alarms fitted and maintained. In general, every home must have:

One smoke alarm in the room most frequently used for general daytime living (for example, the living room).
One smoke alarm in every circulation space on each storey (for example, hallways and landings).
One heat alarm in every kitchen.
Smoke and heat alarms should be ceiling mounted and interlinked (so if one alarm sounds, they all sound). These must be Mains-operated alarms (with battery backup) or tamper proof/sealed/ long-life lithium battery alarms

Carbon monoxide alarms

Provide a carbon monoxide alarm in any room with a fixed combustion appliance (for example, a gas boiler, fire or wood-burning stove).
Carbon monoxide alarms do not need to be interlinked to the smoke and heat alarms.

Find out more about the requirements for fire and smoke alarms in Scottish homes.

Other good practice (and when it may be required)

Some properties (especially HMOs or larger/more complex buildings) may have additional fire safety requirements. If you are unsure what applies to your property type, take specialist advice from one of our Your Move lettings experts.

Find your local Scotland Lettings Expert