Scottish Landlord
Compliance Calendar
The 9 compliance requirements Scottish landlords are legally obligated to maintain. Statutory periods, legislation, and what happens when a deadline is missed.
Scottish landlords in the private rented sector are subject to a distinct compliance framework that differs materially from England and Wales. These requirements are not optional, and many carry criminal liability or tribunal exposure when missed. The list below covers the nine core requirements that apply to all private residential tenancies in Scotland. Check each one against your current portfolio.
Landlord Registration
Antisocial Behaviour etc. (Scotland) Act 2004, Part 8. Mandatory for all private landlords in Scotland.
Renewal period
Every 3 years, per local authority. Registration is with the local authority where each property is located, not a single national body.
When it applies
Before letting any property. Registration must be in place before a tenancy starts, not after. A landlord with properties in multiple council areas needs a registration in each.
If you miss it
Letting without registration is a criminal offence. Fine of up to £50,000. The local authority can also serve a notice preventing the property from being let. Landlord registration status is publicly searchable at landlordregistrationscotland.gov.uk.
Gas Safety Certificate (CP12)
Gas Safety (Installation and Use) Regulations 1998, Regulation 36
Renewal period
Annual. Inspection must be carried out by a Gas Safe registered engineer. The certificate covers all gas appliances and flues at the property.
When it applies
A copy must be given to existing tenants within 28 days of the inspection. New tenants must receive a copy before their tenancy begins. Only applies where there are gas appliances or a gas supply.
If you miss it
Criminal offence. The Health and Safety Executive can prosecute; unlimited fines and up to two years in prison are possible. The property cannot be lawfully let without a valid certificate.
Electrical Installation Condition Report (EICR)
Housing (Scotland) Act 2006, Repairing Standard (electrical safety extended by the Housing (Scotland) Act 2014)
Renewal period
Every 5 years, or at each change of tenancy if that falls sooner. The inspection must be carried out by a competent electrician and the EICR must be satisfactory (coded C1/C2 issues must be remediated within 28 days).
When it applies
A copy must be given to the tenant before or at the start of the tenancy. For an existing tenancy, the landlord must supply a copy on request within 28 days.
If you miss it
Local authority can serve a remediation notice. Non-compliance with a remediation notice can result in a civil penalty of up to £30,000. The cost of works is borne by the landlord. An unsatisfactory EICR that remains unremediated also breaches the Repairing Standard.
Energy Performance Certificate (EPC)
Energy Performance of Buildings (Scotland) Regulations 2008; Energy Efficiency (Private Rented Property) (Scotland) Regulations 2020
Renewal period
Every 10 years (or when improvements are made that would change the rating). Must be produced before the property is marketed to tenants.
Minimum standard
Scotland currently requires a minimum EPC band E for all private rented properties. The Scottish Government has consulted on raising this to band D; landlords with band E or F properties should plan improvement works now.
If you miss it
Failure to have a valid EPC when marketing: fine of up to £1,000 per property. Letting a property that falls below the minimum EPC standard without an exemption: civil penalty of up to £5,000 per property.
Legionella Risk Assessment
Control of Substances Hazardous to Health Regulations 2002 (COSHH); Health and Safety at Work etc. Act 1974; HSE ACOP L8
Period
No fixed statutory interval, but HSE guidance requires that the risk assessment be reviewed at each change of tenancy, and whenever the water system is altered. For simple domestic systems with no stored water at risk temperature, a one-off assessment with periodic review is typically sufficient.
Who can carry it out
A competent person, which can be the landlord themselves for a simple domestic property. More complex properties (HMOs, properties with stored water tanks, hot tubs, cooling systems) require a qualified assessor. Keep written records of every assessment.
If you miss it
Criminal liability under health and safety law if a tenant contracts Legionnaire's disease and a risk assessment was not in place. The HSE can prosecute; penalties include unlimited fines and imprisonment. Evidence of a current, recorded assessment is a key defence.
Private Residential Tenancy (PRT) Agreement
Private Housing (Tenancies) (Scotland) Act 2016; Private Residential Tenancy (Prescribed Notices and Forms) (Scotland) Regulations 2017
When it applies
All new private residential tenancies in Scotland from 1 December 2017 must use the model PRT or a compliant bespoke agreement. The statutory model tenancy is published by the Scottish Government. The tenancy has no fixed end date by default. A landlord cannot recover possession except via the 18 prescribed grounds.
Required documents at tenancy start
Signed PRT agreement; Prescribed Information documents (Easy Read Notes, Tenants' Rights Guide); gas safety certificate (if applicable); EPC; EICR; landlord registration number.
If you miss it
Using a non-compliant agreement does not automatically invalidate the tenancy, but it limits the landlord's ability to enforce certain terms and can expose the landlord to First-tier Tribunal complaints. Failure to provide prescribed information is a regulatory breach.
Tenancy Deposit Protection
Tenancy Deposit Schemes (Scotland) Regulations 2011 (as amended 2016)
Deadline
Deposit must be lodged with an approved scheme within 30 working days of the tenancy start date. The tenant must also be provided with prescribed information about the scheme within 30 working days.
Approved schemes (Scotland)
SafeDeposits Scotland; MyDeposits Scotland; Letting Protection Service Scotland. The deposit must remain protected for the duration of the tenancy and cannot be accessed by the landlord without the tenant's agreement or a tribunal order.
If you miss it
Tenant can apply to the First-tier Tribunal (Housing and Property Chamber) for a sanctioned amount of up to 3 times the deposit. The tribunal can award this sum regardless of any damages claim. The 30-working-day deadline has been strictly enforced; "nearly on time" is not a defence.
Smoke and Heat Alarms (Interlinked)
Housing (Scotland) Act 1987 Tolerable Standard (amended by the Housing (Scotland) Act 2014 and extended by Scottish Government regulations effective 1 February 2022)
Standard
Scotland's alarm standard is the most comprehensive in the UK. Required: one interlinked smoke alarm in every room used as a living room; one interlinked smoke alarm in every circulation space on each storey; one interlinked heat alarm in every kitchen. All alarms must be interlinked (radio-linked or wired). Carbon monoxide detector required where there is a fixed combustion appliance.
When it applies
This standard applies to all private rented properties and has applied since February 2022. Battery alarms installed before the 2022 update may need to be replaced with sealed long-life battery or mains-wired units to comply. Alarms must meet BS EN 14604 (smoke) or BS 5446-2 (heat).
If you miss it
Non-compliance means the property does not meet the Repairing Standard. A tenant can apply to the First-tier Tribunal for a Repairing Standard Enforcement Order (RSEO). An RSEO that is ignored can lead to a rent relief order, reducing rent to zero, and criminal sanctions for non-compliance with the order.
Repairing Standard
Housing (Scotland) Act 2006, ss.13–16; Private Housing (Tenancies) (Scotland) Act 2016; Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019
What it covers
The landlord must ensure the property is wind and watertight and fit for habitation; the structure and exterior are in reasonable repair; all installations for the supply of water, gas, electricity, sanitation, space heating, and water heating are in working order; any fixtures, fittings, and appliances provided under the tenancy are in reasonable repair; furnishings provided are reasonably fit for purpose; and fire safety requirements (smoke/heat alarms) are met.
When it applies
Ongoing throughout the tenancy. The landlord must ensure compliance at the start of the tenancy and must maintain it. An annual property inspection is not legally required but is strongly recommended to document compliance and identify issues before a tenant reports them to a tribunal.
If you miss it
Tenant can apply to the First-tier Tribunal (Housing and Property Chamber) for a Repairing Standard Enforcement Order. The tribunal can order works to be completed within a specified period. If the landlord fails to comply with the RSEO, the tribunal can issue a rent relief order, reducing rent to zero. Repeated non-compliance can result in criminal proceedings.
HMO Licence: additional requirement if applicable
If your property is occupied by 3 or more unrelated people sharing facilities, it is a House in Multiple Occupation (HMO) and requires an HMO licence from the local authority. The requirement is set out in the Licensing (Houses in Multiple Occupation) (Prescribed Descriptions) (Scotland) Regulations 2000. Licences are typically granted for up to 3 years, though individual councils vary. Letting an unlicensed HMO is a criminal offence with a fine of up to £50,000. HMO compliance also carries additional gas, electrical, fire safety, and management requirements over and above the 9 items above. Contact your local council's HMO licensing team for property-specific guidance.
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Join the waitlistThis page is provided for general information only and does not constitute legal advice. Legislation changes and local authority requirements vary. Always consult a qualified solicitor or letting specialist for advice specific to your portfolio. If you spot an error or a change in legislation that should be reflected here, email hello@uselar.com.