What changes in Legislation do Landlords need to be aware of?
Legislation changes all the time. Our lettings experts in Scotland can help guide landlords through the key information they need to know about, staying up to date with the latest laws and requirements to keep our landlords compliant and our tenants safe.
Energy efficiency (EPC minimum standards) – critical deadlines
Legislative changes related to EPC minimum standards for privately rented homes in Scotland:
- From 1 April 2020: it became a breach to grant a new tenancy / re-let if the property is below EPC “E”.
- From 31 March 2022: existing occupied tenancies must not continue if the property is below EPC “E”, unless a registered exemption applies.
- From 1 April 2022: it became a breach to grant a new tenancy / re-let if the property is below EPC “D”.
- From 31 March 2025 (upcoming after Feb 2025): all occupied tenancies must not continue if the property is below EPC “D”, unless an exemption applies.
Rent controls and eviction protections – ended 1 April 2024
Scotland’s temporary cost-of-living measures (rent cap + eviction protections) introduced under the Cost of Living (Tenant Protection) (Scotland) Act 2022 stopped applying from 1 April 2024.
So by February 2025, landlords were operating under the post-1 April 2024 position (i.e. those temporary restrictions no longer applied).
Tenancy structure – Private Residential Tenancy (PRT)
The Private Residential Tenancy (PRT) replaced assured/short assured tenancies for new lets from 1 December 2017, and remains the core tenancy model landlords must use for most private lets in Scotland.
Fire, smoke, and heat alarms – interlinked alarms
Scotland requires interlinked smoke/heat alarms in homes, with the law change applying from February 2022 (commonly referenced as 1 Feb 2022 for the updated standard).
Carbon monoxide (CO) alarms – wider application from Feb 2022
Scottish Government guidance notes a key change: from 1 February 2022 the relevant carbon monoxide alarm requirement was incorporated into the tolerable standard and applies more broadly across housing in Scotland (not just the PRS).
Short-term lets – licensing scheme (if relevant to your landlord audience)
If any landlords operate short-term lets (rather than PRT/private residential tenancies), Scotland introduced a mandatory licensing scheme; the law changed on 1 October 2022, and new hosts must have a licence before taking bookings / receiving guests.
Electrical safety checks – ongoing landlord duty (5-year cycle)
Landlords must keep electrical installations safe and (commonly) ensure periodic inspection/testing (often referenced as every 5 years in Scotland landlord guidance).
Tenancy deposits – protect + prescribed information
Landlords must protect deposits in an approved scheme and provide required deposit information within the required timeframe (commonly referenced as within 30 days).
Practical compliance checklist (quick view)
- Rent: note temporary cost-of-living caps ended 1 April 2025.
- Tenancy type: PRT remains the standard model for most private lets.
- Safety: interlinked alarms (Feb 2022) + CO alarm requirements.
- Electrical safety: ensure periodic checks and documentation.
- Deposits: protect correctly + issue prescribed information.
Scottish landlord compliance: penalties, next steps, and available funding
If you let property in Scotland, it’s important to stay on top of key legal requirements – particularly around energy efficiency (EPC standards), landlord registration, and property safety standards. Below is a clear guide to what can happen if you don’t comply, what to do if you’re not compliant right now, and what funding support may be available.
What are the penalties for landlords who don’t comply?
Non-compliance can lead to financial penalties, enforcement action, and in some cases reputational impact.
Safety and repairing duties: tribunal action and enforcement orders
If a property doesn’t meet Scotland’s required standards (including elements that sit within the Repairing Standard), tenants may apply to the Housing and Property Chamber (First-tier Tribunal). Where the Tribunal finds a failure, it can issue an order requiring the landlord to carry out works. Continued non-compliance can lead to further enforcement steps.
Landlord registration: serious consequences
Letting property without being properly registered can carry significant consequences, including:
- Fines of up to £50,000 for operating as an unregistered landlord
- Rent Penalty Notices, which can stop rent being legally due while the property remains unregistered (depending on the circumstances)
What can landlords do to ensure they’re compliant?
If you’re not confident you meet all requirements (or you know there’s a gap), the best approach is to take structured steps and keep clear records.
1) Start with a property-by-property compliance check
For each property, confirm:
- Landlord registration is in place and correctly linked to the property
- Key safety measures are in place, including Scotland’s alarm requirements and any other relevant property standards
- You have the right documentation (EPC, certificates, invoices, and evidence of works)
2) Put together a simple “compliance pack”
A well-organised record makes compliance easier to demonstrate and reduces risk if you’re questioned later.
We recommend keeping:
- EPC certificate and EPC recommendations
- Invoices, guarantees, and certificates for any improvements
- Alarm installation details and testing records where applicable
- Electrical and gas safety documents (as relevant to the property)
- Landlord registration confirmation
What funding is available from the Scottish Government?
Energy upgrades can be a significant investment – but there may be support available.
Private Rented Sector Landlord Loan
Scottish Government-backed support for landlords is primarily delivered through the Private Rented Sector Landlord Loan (via Home Energy Scotland / Energy Saving Trust).
This can help eligible landlords fund improvements such as energy efficiency measures and certain renewable technologies.
Key points landlords should know:
- The loan is available to registered private sector landlords (eligibility checks apply)
- Funding caps can apply per property and across a landlord portfolio
- The scheme sets out maximum support levels for different measures (for example, insulation, heating systems and other improvements)
Don’t confuse landlord funding with homeowner schemes
Some Home Energy Scotland funding options are designed for homeowners, not landlords. Landlords should ensure they are applying to the landlord-specific loan scheme rather than a homeowner-only route.
Need help getting compliant?
If you’re unsure whether your property meets Scotland’s requirements — or you want to plan improvements ahead of future deadlines — we can help you understand what’s needed and what your next steps should be.
Speak to our team about:
- Checking your EPC position and planning upgrades
- Understanding exemption routes where applicable
- Putting together a compliant “property pack”
- Guidance on landlord funding options for eligible improvements
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Find out how much rental income you could earn from letting out your property.
