Scotland regulates private renting more tightly than the rest of the UK, and the penalties are real. This is the full list of what you need in place before a tenant moves in, and what has to be kept current afterwards.
Before you advertise
Landlord registration
Every private landlord in Scotland must be registered with the local authority for the area where the property sits. Registration lasts three years. Your registration number must appear in every advertisement for the property, including portal listings and social media posts.
Letting property while unregistered can result in a fine of up to £50,000 and a banning order. If you own property in more than one council area you need to be registered with each.
Energy Performance Certificate
An EPC is required before marketing, valid for ten years, and the rating must be shown in the advertisement itself.
Safety certification
| Requirement | Frequency | Who can carry it out |
|---|---|---|
| Gas safety check | Annually, where there is a gas supply | Gas Safe registered engineer |
| Electrical Installation Condition Report (EICR) | Before a new tenancy and at least every 5 years | Electrician registered with a competent person scheme such as SELECT, NICEIC or NAPIT |
| Portable appliance testing | In line with the EICR cycle, for landlord-supplied appliances | Competent person |
| Smoke and heat alarms | Interlinked, tested regularly | Must meet the Repairing Standard specification |
| Carbon monoxide detection | Where there is a carbon-fuelled appliance or flue | Compliant CO alarm |
The Repairing Standard
Every private rented property must meet the Repairing Standard, which was strengthened with changes commencing on 1 March 2024. Among other things it now requires residual current device (RCD) protection in the consumer unit, safely accessible common parts, and safe and secure common doors.
A tenant who believes the property does not meet the standard can apply to the First-tier Tribunal, which can issue a Repairing Standard Enforcement Order. Failure to comply is an offence and can lead to a Rent Relief Order.
HMO licensing
A property is a House in Multiple Occupation if it is the only or main residence of three or more people from three or more families. HMOs require a licence from the local authority, and the licence attaches to the property and the landlord.
HMO standards are considerably higher than for a standard let: typically additional fire detection and compartmentation, minimum room sizes and enhanced electrical requirements. Operating an unlicensed HMO is a criminal offence.
During the tenancy
- Lodge the tenancy deposit with one of the three approved schemes within 30 working days of the tenancy starting, and give the tenant the prescribed information.
- Keep gas, electrical and alarm certification current. An expired certificate is a breach even if nothing is wrong.
- Respond to repairs within the timescales in the Repairing Standard.
- Give at least three months' notice of any rent increase, and no more than one increase in any twelve months.
- Respond to any local authority request for rent data within 28 days, under the Housing (Scotland) Act 2025.
- Renew landlord registration every three years, and renew HMO licences before expiry.
If you use a letting agent
Your agent must be on the Scottish Letting Agent Register and must display their LARN on communications and adverts. They must comply with the Letting Agent Code of Practice, hold client money protection and professional indemnity insurance, and publish a written complaints procedure. If they cannot show you their LARN, do not instruct them.
Frequently asked
- Do I need to register as a landlord in Scotland?
- Yes. Every private landlord must register with the local authority for each council area where they own rental property. Registration lasts three years and the registration number must appear in every property advertisement.
- How often is an EICR required in Scotland?
- An Electrical Installation Condition Report is required before a new tenancy begins and at least every five years thereafter. It must be carried out by an electrician registered with a competent person scheme such as SELECT, NICEIC or NAPIT.
- What makes a property an HMO in Scotland?
- A property is a House in Multiple Occupation where it is the only or main residence of three or more people from three or more families. HMOs require a licence from the local authority and must meet enhanced fire safety and amenity standards.
- What is the penalty for letting property while unregistered?
- Letting property without being on the landlord register can result in a fine of up to £50,000 and a banning order preventing you from letting property.
This guide is general information, not legal advice. Law and practice change, and individual circumstances vary. Check current guidance at mygov.scot and take professional advice on anything affecting your specific position.
