Requirements for Edinburgh Landlords:

Renting out property in Edinburgh involves meeting specific legal obligations. These regulations are intended to ensure safety quality in the private rental sector. While information is available online, it is often scattered or outdated. Consulting a professional letting agent like HomeForce Property Management is strongly advised.

Here’s our guide of key landlord responsibilities in Edinburgh as of February 2024, with the dates each requirement came into effect along with the relevant piece of legislation:

1. Landlord Registration

All private landlords in Scotland are required to register on the Scottish Landlord Register.

The objective of the legislation is to ensure transparency and accountability. It allows tenants to verify the legitimacy of their landlords and helps authorities enforce rental regulations.

Landlords must be judged a “fit and proper” person to let a property and have  a duty to ensure their information on the register is kept up to date.

A landlord who fails to register and lets a property will be committing a criminal offence and could be fined up to £5,000.

Date introduced: April 30, 2006 (Antisocial Behaviour etc. (Scotland) Act 2004)

2. Energy Performance Certificate (EPC)

The EPC gives an assessment of how energy efficient a property is. It is intended to promote energy efficiency. It helps tenants assess running costs and ensures landlords maintain properties with modern energy standards. An EPC assessment report (i.e. the Certificate) will also include information on how to improve the energy rating of a property.

Certificates are valid for 10 years after which they must be renewed. They should also be renewed if renovation work is carried out in the property that is likely to affect the Energy Rating. Certificates are available from a searchable Register

Fines of up to £500 apply for non-compliance.

Until early 2025 proposals from the Scottish Government were for all Rented properties to meet an EPC rating of C by the end of 2028. However, at time of writing (March 2025) this deadline is being reviewed since EPC assessments are to be overhauled in 2026.

Date current legislation introduced: January 4, 2009 (Energy Performance of Buildings (Scotland) Regulations 2008)

3. Electrical Installation Condition Report (EICR)

Electrical safety checks by electricians registered with NICEIC or SELECT ensure that installations like sockets, switches, and fuse boards are safe, reducing risks of fire and electrical shocks.

Certification renewal is required as prescribed by the electrician which will be at least every five years.

Date introduced: December 1, 2015 (Housing (Scotland) Act 2006, Section 19)

4. Portable Appliance Test (PAT)

Annual PAT tests for appliances provided in rental properties guarantee they’re safe and functional. All movable appliances, covering everything from lamps and extension leads to major kitchen devices such as washing machines and fridges should be tested and a “pass” label affixed.

Appliances under one year old do not need to be tested.

Tests should be conducted by a trained technician using a calibrated tester.

Landlords have a legal obligation to ensure appliances are safe and fit for purpose

Date introduced: December 1, 2015 (Repairing Standard (Housing (Scotland) Act 2006). Applies to all tenancies from 1 March 2024

5. Gas Safety Certificate (CP12)

Gas safety checks are crucial for preventing carbon monoxide poisoning and gas leaks. Certificates confirm safety and demonstrate compliance, reassuring tenants of a hazard-free living space.

All gas appliances and installations must be checked annually by a Gas Safe Registered Engineer and a copy of the certificate provided to tenants.

Date introduced: October 31, 1994 (Gas Safety (Installation and Use) Regulations 1994)

6. Carbon Monoxide (CO) Alarms

CO alarms safeguard against the invisible dangers of carbon monoxide, a potentially fatal gas. Their placement in areas with carbon fuelled combustion appliances mitigates life-threatening risks.

Carbon fuelled appliances include gas or oil burning boilers and gas or solid fuel fires.

CO alarms should be placed within one meter of the combustion appliance. They should be powered by a battery capable of operating for the working life of the detector and incorporate a warning signal to alert users that the working life of the device is about to expire.

Carbon Monoxide alarms do not need to be fixed to the wall although doing so will prevent tenants from moving them. They do not need to be installed by an accredited professional.

Hardwired CO alarms are permissible if they are fitted with a sensor failure warning device.

Date introduced: December 1, 2015 (Housing (Scotland) Act 2006, Amendment to Repairing Standard). Also incorporated from 01 February 2022 in Scottish Government’s guidance on the tolerable standard, Chapter 17: Satisfactory Carbon Monoxide Detection.

7. Smoke and Heat Alarms

Interlinked alarms reduce the time to respond to fires, increasing survival chances. Their specific placement in living areas, halls, and kitchens ensures comprehensive protection. HMO properties require alarms in each of the bedrooms as well as communal areas and heat alarms in kitchens.

Note that local councils have the power to impose further fire safety requirements, so it is advisable to consult with the relevant local authority.

Smoke / heat alarms should be ceiling mounted and hardwired with a battery back-up or be powered by a lifetime, tamper proof battery.

Date introduced: February 1, 2022 (Tolerable Standard, as amended by the Housing (Scotland) Act 1987)

8. Legionella Risk Assessment

Legionnaires’ disease is a collective term for diseases caused by the Legionella Bacterial a waterborne bacterium. The bacteria are common, but usually in low concentrations, in natural water sources such as rivers and lakes. They can also be found in purpose-built water systems including domestic hot and cold-water systems and spa pools.

Legionnaires’ disease is normally contracted by inhaling small droplets of water (aerosols), suspended in the air, containing the bacteria. Certain conditions increase the risk from legionella.

• water temperature in all or some parts of the system between 20 & 45 °C
• water is stored and/or re-circulated.
• deposits in the water system that can support bacterial growth, such as rust, sludge, scale, organic matter and biofilms.

Regular risk assessments and remedial action, especially for high-risk properties, maintain water safety standards.

Date introduced: November 2013 (Health and Safety Executive’s Approved Code of Practice L8)

9. Lead-Free Water Supply

Removing lead pipes protects tenants from lead poisoning, which can cause significant health issues. From 2024, landlords must act to ensure safe water, even in shared systems like tenements.

There is no annual requirement to check for the presence of lead in a water supply. A one-off assessment should be enough in most cases.

An initial visual inspection may be sufficient, this can be followed by on site testing. If lead levels are beyond tolerable standards action should be taken including notifying tenants how to mitigate against risk, sending samples for laboratory testing and, ultimately, removing lead from the water system.

Date introduced: January 1, 2024 (Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017, updates in 2023)

10. Furniture Safety

Modern fire safety standards for soft furnishings prevent rapid fire spread in domestic settings. Proper labelling ensures tenants’ trust and landlords’ compliance with safety regulations.

Soft furnishings manufactured or re-upholstered after 1st March 1989 must meet safety standards and be labelled as such.

Regulations do not apply to furniture made and unaltered before 1950, curtains, carpets, bed covers, & mattresses covers.

Date introduced: March 1, 1993 (Furniture and Furnishings (Fire Safety) Regulations 1988)

11. Tenancy Agreements

In Scotland, private rental tenancy agreements are governed by the Private Housing (Tenancies) (Scotland) Act 2016, which introduced the Private Residential Tenancy (PRT).

Key features include:

Open-Ended Tenancy: PRTs have no fixed term, offering more flexibility for tenants.

Notice Periods: Tenants can leave with 28 days’ notice, while landlords must provide a notice period depending on the length of the tenancy (e.g., 28-84 days).

Grounds for Eviction: Landlords can only end a tenancy using one of 18 specified grounds, such as rent arrears or intent to sell the property.

Rent Control: Landlords can increase rent no more than once a year, with tenants having the right to challenge unfair increases via a rent officer.

Model Tenancy Agreement: The Scottish Government provides a recommended tenancy template to ensure compliance with legal requirements. There are several mandatory clauses that must be included in the tenancy agreement. Discretionary / optional clauses can also be included and may cover things such as pets, cleaning, parking, utilities or garden maintenance.

Repairs and Standards: Landlords are responsible for ensuring the property meets the Repairing Standard and carries out necessary repairs.

Disputes are resolved through the First-tier Tribunal for Scotland (Housing and Property Chamber).

Date introduced: December 1, 2017 (Private Housing (Tenancies) (Scotland) Act 2016)

12. Deposits

Deposits taken from tenants must be placed in / paid into Scottish Government approved deposit protection schemes. These safeguard tenant money, ensure funds are returned appropriately and provide a mediation service in the event of a dispute.

Information about the scheme and under what circumstances (referred to as prescribed information) deductions will be made from the deposit must be provided to the tenant.

It is not permitted to take a holding deposit (deposit that secures the property) or make deductions for advertising or referencing costs if a tenant withdraws their application before (or immediately after) signing the tenancy agreement.

Date introduced: July 2, 2012 (Tenancy Deposit Schemes (Scotland) Regulations 2011)

13. Insurance

Private landlords are legally required to have certain types of insurance in specific circumstances, while other types are recommended as best practices for protecting their investment and tenants.

Here’s a summary:

Legally Required Insurance

1. Buildings Insurance (if a mortgage lender requires it):

Many mortgage agreements for buy-to-let properties mandate that landlords have buildings insurance to cover structural damage to the property. While this is not a direct legal requirement under Scottish law, failure to comply with a mortgage provider’s insurance requirements can breach the terms of the loan.

2. Third-Party Liability Insurance (Indirect Legal Implications):

Although liability insurance is not explicitly mandated, landlords in Scotland have a legal duty of care to ensure tenants and visitors are safe while on the property.

Having landlord liability insurance helps cover legal costs and compensation if a claim arises due to injury or damage caused by the property.

Without it, landlords could face significant out-of-pocket costs if sued.

Insurance to consider

1. Landlord Insurance:

A specialized insurance policy designed for landlords, which typically combines buildings insurance, contents insurance (if providing furnished properties), and liability insurance.

2. Contents Insurance:

Covers furnishings, appliances, and other items provided by the landlord in the property. This is particularly useful for furnished or part-furnished lets.

3. Loss of Rent Insurance:

Covers lost rental income if the property becomes uninhabitable due to events like fire or flood.

4. Rent Guarantee Insurance:

Protects against tenant rent arrears, ensuring steady income even if tenants default.

5. Legal Expenses Insurance:

Covers legal costs for issues like eviction proceedings or disputes with tenants.

14. Tenant Information Pack

A tenant information pack, as a stand-alone document, is no longer required if renting under the PRT system – which will be the case in most instances.

However, landlords still need to provide comprehensive tenancy information as part of the lease agreement and associated documents. This should include documents demonstrating the compliance of the rental property (EICR, PAT, Gas Safety etc), documents pertaining to the deposit, a copy of the Tenancy agreement and associated Easy read notes.

Conclusion

Staying compliant as a landlord in Edinburgh is about more than just ticking boxes—it’s about protecting your property, your tenants, and giving you peace of mind.

By understanding and adhering to current legal requirements, from safety certifications to tenancy agreements, you create a professional and trustworthy rental environment which will result in a better yield from your rental property.

Regulations will continue to evolve, so staying compliant may be challenging. Partnering with a knowledgeable letting agent like HomeForce Property Management can simplify the process and ensure you meet every obligation confidently.

Compliance isn’t just a one off, fulfil and forget duty – it’s an on-going investment in the long-term success of your rental property.

Disclaimer:

This article is for informational purposes only and does not constitute legal advice. HomeForce Property Management (HFPM) makes no representations or warranties regarding the accuracy, completeness, or reliability of the information provided. While every effort has been made to ensure the content is up to date, regulations may change, and interpretations may vary. HFPM is not responsible for any errors, omissions, or actions taken based on this article. Readers are advised to seek independent legal or professional advice regarding their specific circumstances. Links to external websites are provided for convenience and do not imply endorsement or responsibility for their content.