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Guide

Landlord legal requirements checklist (Scotland)

By RentTaxCheck Editorial TeamUpdated 7 min readChecked against GOV.UK

Scotland has its own landlord rules, separate from England and Wales. Here's what you need before and during a tenancy, and how often.

Landlord legal requirements checklist (Scotland): guide from RentTaxCheck

In short

The checklist

RequirementHow oftenNotes
Landlord registrationBefore letting; renew every 3 yearsThrough your council; put your registration number in adverts
Repairing StandardFrom the start and throughoutPre-tenancy check; tell the tenant about any work needed
Gas safety checkEvery 12 monthsGas Safe registered engineer; copy to tenant within 28 days
Electrical Installation Condition Report (EICR)At least every 5 yearsRegistered electrician
Portable appliance testing (PAT)At least every 5 yearsAppliances you provide: kettles, fridges, washing machines
Smoke and heat alarmsFrom day oneInterlinked: smoke alarm in the living room and every hall and landing; heat alarm in the kitchen
Carbon monoxide alarmsFrom day oneAny room with a fuel-burning appliance or flue
Legionella risk assessmentBefore letting; review regularlyUsually a simple check of the water system
Energy Performance CertificateValid 10 yearsShow the rating in adverts; give a copy to the tenant
Tenancy depositWithin 30 working daysSafeDeposits Scotland, Letting Protection Service Scotland or mydeposits Scotland, plus prescribed information
Written tenancy termsBy the start of the tenancyPrivate Residential Tenancy terms plus the Scottish Government's notes
HMO licenceIf 3+ unrelated tenantsLicensed by your council

Landlord registration

Every private landlord in Scotland must be registered with the council for each area where they let, through the Scottish Landlord Register. The council checks you're a "fit and proper" person. Registration lasts three years. Letting an unregistered property is a criminal offence, and the council can stop rent being payable.

The Repairing Standard

The Repairing Standard is the minimum condition for any private let in Scotland. The property must be wind and watertight, structurally sound, free from serious damp and mould, have a fixed heating system and safe kitchen space, and have working water, gas, electricity and sanitation. Fixtures, appliances and furnishings you provide must work and be safe.

Before each tenancy, check the property and tell the tenant about any work needed. When a tenant reports damp or mould, you must investigate within 10 days and start any repairs within 5 working days of the inspection. If you don't fix problems, the tenant or council can apply to the First-tier Tribunal (Housing and Property Chamber), which can order the work and reduce the rent.

Deposits

A deposit can be no more than two months' rent. Lodge it with one of the three approved schemes within 30 working days of the tenancy starting and give the tenant the prescribed information in the same period. If you don't, the tribunal can order you to pay the tenant up to three times the deposit.

Tenancies, rent and ending a tenancy

Tenancies starting since 1 December 2017 are Private Residential Tenancies. They're open-ended: you can only end one using a Notice to Leave and one of the eviction grounds, decided by the tribunal if the tenant doesn't leave. Rent can usually be increased once every 12 months using the prescribed notice. The Housing (Scotland) Act 2025 lets councils propose rent control areas, so check your council's position before setting rents.

Tax for Scottish landlords

Rental profit is part of your income, so Scottish taxpayers pay Scottish income tax rates on it, which have more bands than the rest of the UK. Mortgage interest relief, allowable expenses and the SA105 tax return work in the same way. Our income tax calculators use the bands for England, Wales and Northern Ireland, so treat their results as a guide only. For buying, see our LBTT buy-to-let calculator, which includes the 8% Additional Dwelling Supplement.

Frequently asked questions

Do landlords in Scotland have to register?

Yes. Every private landlord must register with the council for each area where they let a property. Registration lasts three years.

How long do Scottish landlords have to protect a deposit?

30 working days from the start of the tenancy, with one of the three approved schemes. The deposit can't be more than two months' rent.

Is PAT testing a legal requirement in Scotland?

Yes, for appliances provided by the landlord. Scottish Government guidance on the Repairing Standard covers checking them at least every five years.

What alarms does a rented home in Scotland need?

Interlinked smoke alarms in the living room and every hall and landing, a heat alarm in the kitchen, and carbon monoxide alarms where there's a fuel-burning appliance.

Sources

Sources last checked 10 November 2026. See all our sources and how we keep pages up to date.

This checklist summarises the main legal duties for private landlords in Scotland. It isn't legal advice. Rules can change: check mygov.scot, gov.scot or your council, or speak to a solicitor, before you act.

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