Legislation and Regulations
HMO
HMO – Date of Legislation: October 2000 (amended in 2006)
Purpose: To inform the Landlords about the HOUSES IN MULTIPLE OCCUPATION. Tenants that intends to manage the property and lets out rooms with their friends must obtain a
license. And license must be obtained by the owner.
Act: The Civic Government (Scotland) Act 1982 & Housing (Scotland) Act 2006
Legionella
Legionella – Date of Legislation: Requirement from 2001 & revised 2013
Purpose: To ensure tenants safety on their health especially on hazardous disease like Legionella that can be acquired by any tenant because the Landlord failed to check his property for any contaminated water. The Repairing Standard requires a review of the risk assessment at least every 2 years.
Act: Health and Safety at Work Act 1974 & Control of Substances Hazardous to Health Regulations 2002
Anti-Social Behaviour
Anti-social Behaviour – Date of Legislation: October 2014
Purpose: To inform Landlords of their responsibility regarding any tenants antisocial behaviour. Landlords must provide an action to stop any antisocial behaviour of their tenants reported by their neighbours or from the agent that manages the property. Landlords must be able to demonstrate that they have the capability to manage anti-social behaviour should this arise in their property and fit and proper procedures in place.
Act: Antisocial Behaviour etc. (Scotland) Act 2014
Landlord Registration
Landlord Registration – Date of Legislation: April 2006
Purpose: To ensure that a landlord is fit and proper person and to allow neighbours/general public to contact the responsible day to day manager who is managing the property. It is also a legal requirement to declare details of a day-to-day management company.
NB: The Scottish Government changed the fees, for landlord registration, effective from 1st April 2024. The length of time landlords have to renew their registration has also changed. As of 2nd February 2024, landlords will have 12 months from the date their registration expires, to renew it. After this time, a renewal will not be accepted and a new application will be required to continue to let the property.
Act: Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004
Energy Performance Certificate (EPC)
Energy Performance Certificate (EPC) – Date of Legislation: December 2008
Purpose: To provide new tenants on the EPC of the property. The EPC rating will be required for inclusion in property advertisements in commercial media and must be
available for issue to all prospective tenants. Proposals for minimum standards are currently going through consultation.
Act: The Energy Performance of Buildings (Scotland) Regulations 2008
Tenancy Deposit Scheme
Tenancy Deposit Scheme – Date of Legislation: March 2011
Purpose: To protect tenants deposits in a custodial scheme that is free to use for landlord and tenant, the 3 companies running the schemes are underwritten/regulated by the government and return the tenants deposit directly to the tenant unless a claim is made. The maximum deposit value that a landlord can take is equivalent to two months worth of rent.
Act: The Housing (Scotland) Act 2006
Letting Agency Fees
Letting Agency fees – Date of Legislation: August 2012
Purpose: To avoid tenants from paying anything other than the rent and deposit. It is illegal for a Landlord or any letting agency to ask for other payments like administration cost or payments for setting up the tenants lease. Tenants have the right to claim a refund for any fees that have been charged anytime in the last five years.
Act: Private Rented Housing (Scotland) Act 2011
Advertising
Advertising (Displaying EPC Indicator & Landlord Registration no.) – Date/Legislation –January 2013
Purpose: Landlords need to provide their landlord registration number and your property’s Energy Performance Certificate (EPC). This provides assurance to prospective tenants that the property is safe and registered with a fit and proper landlord or agent. The EPC informs tenants of the efficiency rating and the type of heating system in place. The advert must be transparent and not misleading to allow prospective tenants to have all relevant information to decide if the property suitable for them.
Act: Energy Performance of Buildings (Scotland) Regulations 2012 & Private Rented
Housing (Scotland) Act
Repairing Standard
Repairing Standard – Date/Legislation: March 2024
Purpose: To assure that the tenants will have a comfortable living on their newly rented property. Landlords are obliged comply with the standard prior to tenants occupying their property and
Landlords must also repair and maintain their property from the tenancy start date and throughout the tenancy in line with The Repairing Standard.
Act: Housing (Scotland) Act 2014
Electrical Safety Checks Increased
Electrical safety checks – Date/Legislation: December 2015
Purpose: To ensure the Electrical safety of the tenants. Tenants should be safe when using any electrical fittings and any electrical appliances during their tenancy. Landlords are responsible for ensuring that an electrical safety inspection of their property is carried out by a registered electrician at least every five years.
Act: Housing (Scotland) Act 2014
CO Detection Alarm
Carbon Monoxide (CO) detection alarm – Date/Legislation: March 2019
Purpose: To ensure that the CO alarms are properly working, installed correctly and in good condition for the tenants safety. CO alarms are required in all rooms where a gas appliance is present unless it is for the sole purpose of cooking.
Act: Housing (Scotland) Act 2014
Smoke / Heat Alarm
Smoke/heat Alarm – Date/Legislation: March 2019
Purpose: To ensure that the smoke/ heat alarms are properly working, installed correctly and in good condition for the tenants safety. Landlords should ensure that smoke and heat alarms are interlinked and regularly maintained in accordance with the manufacturer’s recommendations.
Act: Private Housing (Tenancies) (Scotland) Act 2016
