Skip to content
Edinburgh letting agents 0131 229 3999
Report maintenance Free rental valuation
Albany Lettings
  • Landlords

    Letting & management

    • Landlord services
    • Property management
    • HMO management
    • Landlord compliance
    • Complete landlord guide

    Your next move

    • Switch letting agents
    • Accidental landlords
    • Grow your property portfolio
    • Free rental valuation
    • Start your property investment journey
  • Find a property
  • Tenants
    • Report maintenance
    • Emergency maintenance
    • Tenant services
    • First-time tenant guide
    • Tenant rental guide
    • Tenant FAQs
    • Register for property alerts
  • About
    • Why choose Albany?
    • Meet the Edinburgh team
    • Client reviews
    • Property news & advice
    • Sign up to the newsletter
    • Contact us
  • Search the website
Book a call Free rental valuation
Book a call
← Back to the landlord guide

Edinburgh landlord guide: part three

Landlord legal requirements in Scotland

Know which checks, documents and responsibilities need your attention before you let, and what to keep on top of once a tenant moves in.

Guidance checked: 6 September 2026

Gas checks, electrical reports, registration and deposits. When you are getting a property ready to let, it can be difficult to work out what you need and when it needs doing.

This chapter covers the main requirements for private residential letting in Edinburgh. For help with preparing the property and planning the wider tenancy, visit our complete landlord guide.

Using a letting agent does not remove your legal responsibilities. Agree who will arrange each check, keep the records and deal with any work needed. The Scottish landlord responsibilities guidance explains the duties that remain yours.

1. Register as a landlord and check licensing

Unless an exemption applies, you must register with the local authority before renting out your property. Joint owners must register too, and registration needs renewing every three years. Your property adverts must show your registration number, or state that registration is pending while your application is processed. Check the landlord registration requirements.

Letting to sharers? A House in Multiple Occupation (HMO) licence is generally required where three or more people from three or more families share facilities and live there as their main home. Check the intended occupancy and the City of Edinburgh Council's HMO licensing requirements before agreeing the let. Landlord registration is not a substitute for an HMO licence.

2. Check the condition of the whole property

A Scottish rental home must meet both the Repairing Standard and the Tolerable Standard. These cover the building's condition, heating, ventilation, water, electrical safety and other essentials. Furniture and fittings you supply must also be safe and in reasonable condition.

In an Edinburgh tenement, do not stop at the flat's front door. Safe access and relevant communal areas matter too. Inspect the property, identify outstanding work and check the Scottish repair standards rather than relying on the fact that someone has rented it before.

Damp and mould: a change from 6 October 2026

From 6 October 2026, Scotland's Awaab's Law regulations introduce specific timescales for investigating damp and mould and starting necessary repairs. They apply to private as well as social landlords.

Existing repair duties already apply, so this is not a reason to delay action. Prepare your reporting and response process using the Scottish Government's Awaab's Law guidance.

3. Arrange gas and electrical safety checks

Gas safety

Where you provide gas appliances and flues, arrange a safety check by a Gas Safe registered engineer every 12 months. Maintenance is a separate responsibility: an annual check does not replace repairs or servicing needed to keep equipment safe.

Give new tenants the gas safety record before they move in, and existing tenants a copy within 28 days of the check. Read the HSE guidance for landlords.

Electrical safety and supplied appliances

Arrange electrical safety inspection before the first let, with subsequent inspections no more than five years apart, or sooner where required. An Electrical Installation Condition Report (EICR) records the installation's condition. A suitable Electrical Installation Certificate can be accepted in some circumstances.

Landlord-supplied appliances also need appropriate inspection and testing, commonly called PAT testing. This is not the same as the EICR, and appliance retest dates may be earlier. Follow the dates and remedial actions in the records, not a blanket assumption that everything is covered for five years.

Use competent people and keep the required reports. The Scottish electrical safety guidance explains the checks and the copies to give tenants.

4. Check the smoke, heat and carbon monoxide alarms

The usual layout needs a smoke alarm in the main living room and in every hallway and landing, plus a heat alarm in the kitchen. The required smoke and heat alarms must be ceiling-mounted and interlinked, so they sound together.

Carbon monoxide detection is also required for relevant carbon-fuelled appliances, such as boilers and wood burners. Check any flues as part of the assessment. Carbon monoxide alarms do not have to be linked to the smoke and heat alarms.

Check positioning, condition and replacement dates, plus any additional needs for tenants who are deaf or hard of hearing. Use the Scottish alarm requirements and get advice on unusual layouts or HMO properties.

5. Have your EPC and water-safety assessment ready

Energy Performance Certificate (EPC)

Have a valid EPC ready when marketing the property and include its rating in the advert. An EPC gives information about the home's energy performance and recommended improvements. Check the Scottish EPC requirements rather than assuming rules you have read for England apply in Edinburgh.

Legionella risk assessment

You must assess and control the risk of Legionella in the property's water system. The assessment should suit the system and its risks, and be reviewed when circumstances change.

This is not a legal requirement to buy an annual “Legionella certificate”. HSE says a test certificate is not required and routine water sampling is generally unnecessary in domestic properties. Read the HSE guidance on landlords' Legionella responsibilities.

6. Get the tenancy documents and deposit right

Most new private residential lets in Scotland use a Private Residential Tenancy (PRT), subject to exceptions. A PRT is open-ended, not a fixed six- or twelve-month agreement. Use the correct written terms and supporting notes, such as those accompanying the Scottish Government's model PRT agreement.

A tenancy deposit cannot exceed two months' rent. Unless an exemption applies, protect it in an approved scheme within 30 working days of the tenancy starting and give the tenant the required deposit information within that period. Paying the money into a scheme and providing the information are separate tasks.

Check the deposit protection and information requirements. Do not add prohibited administration or referencing fees to the tenant's costs. Our guide to letting your property takes you through the wider process from valuation to move-in.

7. Follow the rules from application to move-out

Fair applications

Apply a consistent affordability assessment and take account of benefit income. Do not exclude applicants simply because they receive benefits or have children. Check the Scottish rental discrimination rules, including the limited exceptions, rather than relying on an old advert or application policy.

Rent changes

For a PRT, rent increases normally require at least three months' notice on the prescribed form and cannot happen more than once in a 12-month period. Check any additional rules applying to the property before serving notice. Use the current Scottish rent increase guidance.

Access for inspections and repairs

For a PRT, give at least 48 hours' notice for routine access and obtain the tenant's permission. Giving notice does not entitle you to enter against their wishes. Different notice rules can apply to older tenancies, and emergencies need separate consideration. Follow the guidance on getting access.

Ending a tenancy also requires the correct legal process. Get advice before taking action, particularly where there are arrears, a dispute or uncertainty about the tenancy type. The landlord responsibilities guidance links to the relevant procedures.

8. Keep records and renewal dates together

Keep a property folder containing the relevant registration, licences, reports, tenancy documents, deposit confirmation and evidence that required information reached the tenant. Record repairs and completed remedial work alongside the original inspection report.

Use a shared diary with the next due date and the person responsible for each task. Book early enough to allow for access arrangements and any work a check identifies.

Separately, check your mortgage, insurance and tax arrangements. A property being ready for a tenant does not mean those other obligations have been dealt with.

Questions Edinburgh landlords often ask

Does an unfurnished property still need electrical checks?

Yes. The fixed installation still needs the required checks. Electrical appliances you supply, including white goods left in an unfurnished home, also need appropriate inspection and testing.

Is a listed Edinburgh flat automatically exempt from an EPC?

No. In Scotland, listed and historic buildings are not automatically exempt from the requirement to have an EPC when rented to a new tenant. Check the Scottish guidance rather than relying on advice for another part of the UK.

Does using a letting agent remove my legal responsibilities?

No. An agent can carry out agreed tasks on your behalf, but you remain responsible for meeting your landlord duties. Confirm what the service includes, how renewal dates are tracked and how you will approve necessary work.

In this guide

Registration and HMO licensing Repair standards and damp Gas and electrical checks Smoke, heat and CO alarms EPCs and water safety Tenancies and deposits Ongoing responsibilities Records and renewal dates

Get the landlord guide

Keep the wider letting process in view. Visit our landlord guide page to request your copy using the download form.

Get the guide

Preparing for your next let?

Work through the practical steps before you advertise or agree a move-in date.

Preparing your property

From valuation to move-in

Know what needs attention before you let

Not sure which checks are due or what is missing from your records? Talk to Albany about your Edinburgh property and the support you need. We can discuss the next steps and what is included in our letting and management services.

Get the landlord guide Book a call with Albany

Explore the complete landlord guide →

General guidance on private residential letting in Edinburgh, based on official guidance checked on 6 September 2026. This is not an exhaustive compliance checklist or legal advice. Requirements depend on the property and tenancy, and may change. Seek advice from a qualified Scottish solicitor where needed.

Albany Lettings

Letting agents and property management in Edinburgh

Too many landlords lose time, money and sleep to poor property management. Albany Lettings gives Edinburgh landlords clear advice, practical support and reliable property management, so they can protect their investment and let with confidence.

Book a landlord call

Edinburgh property updates, straight to your inbox

Get property news, letting updates and practical advice from the Albany team.

Name(Required)
Email(Required)
I am a:

Read how we handle your information in our Privacy Policy.

Contact Albany Lettings

6B New Mart Road
Edinburgh
EH14 1RL
0131 229 3999 enquiries@albanylettings.com

Office hours
Monday to Friday: 9.30am to 5pm
Saturday and Sunday: closed

For landlords

  • Landlord services
  • Property management
  • Free rental valuation
  • HMO management
  • Landlord compliance
  • Accidental landlords
  • Grow your property portfolio
  • Complete landlord guide
  • Switching Letting Agents In Edinburgh
  • For tenants

    • Report a repair ↗
    • Search available properties
    • Register for property alerts
    • Tenant rental guide
    • First-time tenant guide
    • Tenant FAQs
    • Emergency Maintaenance Support
  • Repair reporting guide
  • Fixflo is not an emergency service. For urgent help, use the emergency contacts supplied with your tenancy.

    About Albany

    • Why choose Albany?
    • Meet the Edinburgh team
    • Client reviews
    • Property news and advice
    • Contact the team
    • Sign up to the newsletter

    Registered Scottish letting agent Check registration: LARN1903030

    Albany Lettings Ltd Registered in Scotland. Company number SC291569.
    Registered office: 6B New Mart Road, Edinburgh, EH14 1RL.

    © 2026 Albany Lettings Ltd. All rights reserved.

    • Privacy Policy
    • Cookie information
    • Complaints Procedure
    • Sitemap