Information for Landlords

The Private Housing (Tenancies) Scotland Act 2016 took effect from 1st December 2017 and introduced a new type of tenancy known as a ‘Private Residential Tenancy’ (‘PRT’). Now, leases have no fixed period as there is no end date to a lease. A tenancy can only be terminated by the landlord under limited circumstances. Tenants can end the PRT by giving the required 28 days’ notice. 

It’s the law that as a landlord you must give the tenant a written tenancy agreement. There are tenancy terms which must be included in the tenancy agreement by law. Supporting Notes are given to help the tenant understand those terms. These notes will be given to the tenant when they receive a copy of the agreement. 

In terms of the Housing Scotland Act 2004, it has been law since April 2007 that all deposits collected must be protected in a deposit scheme. Rollos are registered and lodge all deposits with ‘Safe Deposits Scotland’. 

The Gas Safety (Installation and Use) Regulations 1988 stipulate that all gas appliances must be inspected annually by a Gas Safety registered engineer. A valid Gas Safety Record must be issued each time and updated every twelve months. Non- compliance is a criminal offence with serious penalties. 

The Electrical Equipment (Safety) Regulations 1994 require that electrical equipment, including wiring, is safe. An Electrical Installation Condition Report (EICR) Portable Appliance Test (PAT) should be carried out regularly and all electrical testing must be conducted by a qualified and registered engineer. 

A Legionella Risk Assessment must be carried out. 

All properties let after 1st October 2015 are required by law to have a smoke alarms, every property must have, one smoke alarm in the living room or the room you use most, one smoke alarm in every hallway and landing and one heat alarm in the kitchen. All smoke and heat alarms should be mounted on the ceiling and be interlinked. 

If you have a carbon-fuelled appliance – like a boiler, fire, heater or flue in any room, you must also have a carbon monoxide detector in that room. 

The Furniture and Furnishings (Fire and Safety) Regulations 1988, amended in 1993 and 2010, state that it is a criminal offence to let premises with upholstered furniture that does not comply with the safety regulations.

Under the Civic Government (Scotland) Act 1982 (licensing of houses in Multiple Occupation) Order 2000 a mandatory licensing system has been set up by local authorities for households in Multiple Occupancy (“HMO”). The primary reason for the introduction of mandatory licensing is to increase the protection that is given to tenants in such establishments by ensuring that the accommodation is both safe and of good quality. We carry out monthly safety checks ensuring that they are being maintained to licensing law standards 

If your usual home is outside of the UK, you will need to register with the Non-resident Landlord Scheme. For more details, contact the Inland Revenue or see www.hmrc.gov.uk/international/nrlandlords.htm