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 – 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.
Act: Health and Safety at Work Act 1974 & Control of Substances Hazardous to Health Regulations 2002
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
Act: 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.
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 which 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
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 (Displaying EPC Indicator & Landlord Registration no.) – Date/Legislation –January 2013
Purpose: To ensure that the Landlord or the letting agent have made all the necessary things on their property like making sure all the smoke detectors are working, all electrical fixtures are working before advertising the property. The Landlords need to provide their landlord registration number and your property’s Energy Performance Certificate.
Act: Energy Performance of Buildings (Scotland) Regulations 2012 & Private Rented
Housing (Scotland) Act 2011
Repairing Standard – Date/Legislation: December 2015
Purpose: To assure that the tenants will have a comfortable living on their newly rented place. Landlords are obliged to do all the repairs before tenants occupy their property and
Landlords must also repair and maintain their property from the tenancy start date and throughout the tenancy.
Act: Housing (Scotland) Act 2006
Electrical Safety Checks Increased
Electrical safety checks increased – 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 2006
Co Detection Alarm
Co detection alarm – Date/Legislation: December 2015
Purpose: To ensure that the Co alarms are properly working, installed correctly and in good condition for the tenants safety.
Act: Housing (Scotland) Act 2014
Smoke / Heat Alarm
Smoke/heat Alarm – Date/Legislation: December 2016
Purpose: To ensure that the smoke/ heat alarms are properly working, installed correctly and in good condition for the tenants safety and prevent properties to be damaged. Landlords should ensure that smoke and heat alarms are regularly maintained in accordance with the manufacturer’s recommendations.
Act: Private Housing (Tenancies) (Scotland) Act 2016