Landlord Legal Responsibilities in Scotland Explained

If you’re renting a property in Scotland, it’s important to know what your landlord is legally required to do. Scottish law sets out clear duties for landlords to ensure your home is safe, well-maintained, and your rights are protected. This guide covers the main legal responsibilities landlords must meet, the official forms involved, and what steps you can take if things go wrong.

Key Legal Duties of Landlords in Scotland

Most private tenants in Scotland have what’s called a ‘private residential tenancy’. Under Scottish law, every landlord must:

• Register with the local council before renting out property
• Provide tenants with a written tenancy agreement
• Protect any deposit in an approved tenancy deposit scheme
• Maintain the property to a proper standard
• Ensure safety checks and provide certificates for gas and electrical installations
• Stick to the correct process for rent increases and eviction

The main legislation covering these responsibilities is the Private Housing (Tenancies) (Scotland) Act 2016^[1]. Social housing has different rules not covered here.

Landlord Registration and Licensing

By law, your landlord must register with the local council. You can check if your landlord is registered by searching the Scottish national landlord register. For houses in multiple occupation (HMOs), they must also hold an HMO licence from the council.

Tenancy Deposit Scheme

Any deposit you pay must be placed in one of three government-approved tenancy deposit schemes within 30 working days. You should get certain prescribed information, including the scheme details.

• For disputes about your deposit, you can contact your deposit scheme directly, whose details should be in your paperwork. See mygov.scot tenancy deposit guidance.

Property Maintenance and Safety

Landlords must keep your property wind and watertight, in good repair, and fit for human habitation. They’re responsible for major repairs, heating, plumbing, and the structure of the building. Regular safety checks are also required:

• Annual gas safety checks (provide you with a Gas Safety Certificate)
• Electrical installation inspections at least every five years (provide an Electrical Installation Condition Report)
• Smoke and heat alarms meeting set standards

Your landlord must ensure repairs are carried out promptly. You should report any issues in writing.

Official Forms Tenants Should Know

• Notice to Leave
  • Name/Number: Notice to Leave (no official form number)
  • When to use: Your landlord must serve this form if they want you to leave the property, giving at least 28 days’ notice in most cases
  • Link: Notice to Leave guidance and sample (mygov.scot)
  • Example: If you receive a Notice to Leave, check it’s issued correctly with reason and dates stated — otherwise, it may not be valid
• Rent Increase Notice
  • Name/Number: Rent Increase Notice for Private Residential Tenancy (no official form number, but must be in a prescribed format)
  • When to use: If your landlord wants to raise your rent, they must use this form and give at least three months’ notice
  • Link: Rent Increase Notice guidance and download (mygov.scot)
  • Example: You receive a Rent Increase Notice and want to challenge it
• Referral to Rent Officer / Tribunal Form
  • Name/Number: Rent Increase Referral to Rent Service Scotland (no standard form; use the guidance provided)
  • When to use: If you wish to challenge a rent increase, you can refer the notice to Rent Service Scotland or the First-tier Tribunal
  • Link: Challenging a Rent Increase (mygov.scot)
  • Example: You object to a rent hike — submit this within 21 days of receiving the rent increase notice

Your Rights if Your Landlord Fails Their Duties

If your landlord doesn’t meet their responsibilities (like failing to do repairs or register), you can:

• Report them to your local council (for registration/licensing issues)
• Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to resolve disputes — for repairs, rent increases, or illegal evictions
• Use official forms and documentary evidence when complaining

The Tribunal is free to use and offers an official, independent route to resolve issues about your tenancy.

FAQ: Understanding Landlord Duties in Scotland

1. What safety certificates should my landlord provide?
   Landlords must provide an annual Gas Safety Certificate and an Electrical Installation Condition Report (EICR) at least every five years. Both should be up to date and available for your inspection.
2. How do I check if my landlord is properly registered?
   Use the Scottish national landlord register to check your landlord’s current registration status.
3. What can I do if repairs aren’t completed?
   Start by contacting your landlord in writing. If the repairs still aren’t done, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) using their application process.
4. Is my landlord allowed to visit without advance notice?
   No. Your landlord must give you at least 24 hours’ written notice before entering your home, except in emergencies.
5. How do I challenge a proposed rent increase?
   You can refer the rent increase notice to Rent Service Scotland or apply to the First-tier Tribunal within 21 days. For full details, see Challenging a Rent Increase.

Key Takeaways for Scottish Renters

• Your landlord must be properly registered, maintain safety, and protect your deposit
• If these duties aren’t met, you can contact the council or the First-tier Tribunal for help
• Use the official forms and follow the correct process to challenge rent increases or resolve disputes

Understanding your rights under Scottish law helps you deal confidently with any renting issues, from repairs to rent changes or eviction.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – for complaints and disputes
• MyGov.scot: Tenant Rights in Scotland – official guides for renters
• Landlord Registration Scotland
• Your local council’s housing team (find yours via MyGov Local Council Finder)
• For urgent repairs or unsafe accommodation, contact your local council’s environmental health department

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Housing (Scotland) Act 2006
3. Antisocial Behaviour etc. (Scotland) Act 2004 – landlord registration

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