Landlord requirements in Scotland: what private landlords must do

Scotland runs its own private renting system. Much of what landlords in England know, such as assured tenancies, Right to Rent checks and the minimum EPC rating, does not apply. In its place are landlord registration, the Repairing Standard and the private residential tenancy introduced on 1 December 2017.

If you also let in England or Wales, our landlord compliance checklist compares the three nations side by side.

Landlord registration

Every private landlord must register with the local council for the area where the property is, through the Scottish Landlord Register, before letting it. If you own the property with someone else, they must register too. Registration lasts 3 years and then has to be renewed.

These figures come from council guidance on the April 2026 fee rise, such as Inverclyde Council’s landlord registration page; before that the fees were £80, £18 and £160. A 50% discount on the principal fee applies in some cases, for example for registrations in additional council areas, joint owners, HMO licence holders and charities.

The council checks that you are a “fit and proper person” to let property. Your registration number must be given to tenants as part of the deposit information.

Penalty: it is a criminal offence to let a property without being registered. mygov.scot says you can be fined up to £50,000.

The Repairing Standard

The Repairing Standard (Housing (Scotland) Act 2006), explained in the gov.scot statutory guidance for private landlords, sets the minimum physical condition of a rented home. The property must meet it at the start of the tenancy and throughout. It covers:

• wind and watertight
• the structure and exterior
• installations for water, gas, electricity, sanitation, space heating and hot water
• fixtures, fittings and appliances you provide
• furnishings you provide
• fire, smoke and carbon monoxide detection
• electrical and gas safety

From 1 March 2024 the standard also requires:

• a fixed heating system
• a kitchen with safe space and facilities for food storage and preparation
• safe access to and use of common parts in a tenement, and secure common doors
• a residual current device (RCD) on the electrical installation

Tenants and councils can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if the home falls short. The tribunal can issue a Repairing Standard Enforcement Order, and failing to comply with one is a criminal offence.

Gas safety

Gas safety rules are the same across Great Britain. A Gas Safe registered engineer must check every gas appliance and flue you provide every 12 months. Give tenants a copy of the record within 28 days of the check, or before they move in for a new tenancy. Annual gas checks also form part of the Repairing Standard. See our gas safety certificate cost guide for typical prices.

Electrical safety: EICR and PAT

This is one of the biggest differences from England. In Scotland the electrical safety inspection has two parts:

• an Electrical Installation Condition Report (EICR) on the fixed wiring, and
• a PAT test of any portable appliances you supply.

Both must be done before the first let and then at intervals of no more than 5 years, by a competent person. Keep the reports and give new tenants a copy before the tenancy starts. For prices, see our EICR cost guide.

Smoke, heat and carbon monoxide alarms

Since 1 February 2022 every home in Scotland must have interlinked alarms. Private rented homes already had to meet this under the Repairing Standard. You need:

• a smoke alarm in the room used most for daytime living
• a smoke alarm in every hallway and landing (circulation space) on each storey
• a heat alarm in every kitchen
• all of these ceiling-mounted and interlinked
• a carbon monoxide alarm where there is a carbon-fuelled appliance, such as a boiler, fire or flue. This does not need to be interlinked.

Alarms can be sealed long-life battery or mains-wired, as long as they are interlinked.

Legionella

As in the rest of Great Britain, landlords must assess the risk from legionella in the water system and control it. HSE says most landlords can do this themselves, and testing is not usually needed in homes. There is no legal “legionella certificate”. Our legionella risk assessment guide explains when paying for one makes sense.

EPC and energy efficiency

You must have a valid EPC when you let a property and make it available to prospective tenants. EPCs last 10 years.

There is currently no minimum EPC rating in force for private lets in Scotland. The England and Wales “E” minimum does not apply here. The Scottish Government consulted in 2025 on draft regulations that would require a new-style rating (Heat Retention Rating band C), proposed for new tenancies from 2028 and all private lets by the end of 2033. These are proposals, not law, and the timetable may change. The Scottish Government has also announced that new-style Scottish EPCs will start on 30 April 2028.

Tenancy deposits

Unlike England and Wales, there is no minimum award of 1 times the deposit: the tribunal decides anything up to 3 times. Read more in our tenancy deposit protection guide.

The private residential tenancy

Most private lets that started on or after 1 December 2017 are private residential tenancies (PRTs). Key points:

• Open-ended. There is no fixed term. The tenancy continues until the tenant leaves or the landlord ends it on one of the legal eviction grounds.
• Written terms. You must give the tenant all the terms in writing by the end of the day the tenancy starts. The Scottish Government publishes a model agreement.
• Notice to Leave. You must use the prescribed form and give at least 28 days’ notice if the tenant has lived there for 6 months or less. After 6 months it is generally 84 days, unless you rely only on certain conduct grounds such as rent arrears of 3 consecutive months or more, breach of the tenancy or antisocial behaviour.
• Rent increases. Only once in any 12 months, with at least 3 months’ written notice on the prescribed rent increase notice. If you use the wrong form, the rent does not change.

HMO licensing

You need an HMO licence from the council if you let a property to 3 or more tenants who are not from the same family. That is a lower threshold than England’s mandatory licensing.

The council checks that you are fit and proper and that the property is suitable and well managed. Fees, conditions and renewal periods are set by each council. Letting an HMO without a licence is a criminal offence, with a fine of up to £50,000. Our HMO licence guide covers the process in more detail.

Rent control areas (coming)

The Housing (Scotland) Act 2025, which received Royal Assent on 6 November 2025, created a framework for rent control areas. In an area that is designated, rent increases on private residential tenancies will be capped at CPI plus 1%, up to a maximum of 6%. The cap will apply both during and between tenancies, and rent can only rise once every 12 months.

As at October 2026, no rent control areas have been designated. Councils must send their first assessments of local rent conditions to Scottish Ministers by 31 May 2027, so any designations would come after that. Some property types, such as Mid-Market Rent and some Build-to-Rent, are expected to be exempt.

Quick checklist for Scottish landlords

1. Register with the council (and renew every 3 years).
2. Check the property meets the Repairing Standard, including the 2024 additions.
3. Annual gas safety check, if there is gas.
4. EICR plus PAT test, at least every 5 years.
5. Interlinked smoke and heat alarms, and CO alarms where needed.
6. Legionella risk assessment.
7. A valid EPC.
8. Written PRT terms on day one.
9. Deposit protected within 30 working days.
10. HMO licence, if 3 or more unrelated tenants.

Registration runs on a 3-year cycle, gas checks on 12 months, EICR and PAT on 5 years and the EPC on 10. Our free certificate reminders email you before each gas check, EICR and EPC is due.