The Complete Edinburgh Landlord Guide

Landlord compliance is a collection of responsibilities covering:

• Registration
• Advertising
• Condition
• Electrical safety
• Gas safety
• Fire and carbon monoxide detection
• Energy information
• Deposits
• Written tenancy terms
• Repairs
• Access
• Occupancy and licensing
• Record keeping

The exact requirements depend on the property and how it is being let.

A landlord remains legally responsible for the property meeting the required repair standards even where a letting agent manages the practical process.

Albany can help coordinate checks, organise records and flag items that need attention. That support does not transfer every legal responsibility away from the landlord.

Private landlords must register with the local council before renting out a property in Scotland, unless a specific exemption applies.

Key points:

• Every joint owner may need to register
• Registration must be renewed every three years
• Details should be kept accurate
• Adverts must show the registration number or state that registration is pending
• Renting without registration is a criminal offence
• The maximum fine stated in current government guidance is £50,000

Official guidance: Registering as a private landlord

Where an EPC is required:

• The rating must appear in all rental property advertising
• The EPC must be available to prospective tenants
• It must be provided free of charge to a new tenant
• Current Scottish Government guidance states that an EPC is valid for 10 years
• Certain accommodation, including some room-only arrangements with shared facilities, may be exempt

Scottish EPC policy is changing. The official guidance was updated in March 2026 and landlords should check the current position rather than relying on an old expiry assumption.

Official guidance: Energy Performance Certificates for private rented buildings

The property must meet both the Repairing Standard and the Tolerable Standard before the tenancy begins and throughout the tenancy.

The requirements can include:

• Structural stability
• Wind and watertight condition
• Freedom from serious damp
• Safe water, gas, electricity and sanitation
• Adequate heating, ventilation and insulation
• Working installations
• Safe landlord-provided appliances
• Safe furniture and fittings
• Food preparation and storage provision
• Safe access to common parts
• Secure tenement common doors
• Smoke, heat and carbon monoxide alarms

If the property does not meet the Repairing Standard, the tenant may apply to the First-tier Tribunal (Housing and Property Chamber) after first giving the landlord a reasonable opportunity to carry out the necessary repairs.

Official guidance: Repairs and maintenance as a private landlord

Landlords must assess and control the risk of legionella in the property’s water system.

That does not mean every residential property automatically requires a paid laboratory test or a professional "Legionella certificate".

The proportionate action will depend on the water system and risk factors.

A basic risk assessment may consider:

• Stored hot or cold water
• Redundant pipework
• Little-used outlets
• Shower heads
• Water temperatures
• Periods when the property has been empty
• Vulnerable occupiers
• Maintenance of tanks or cylinders

The assessment should be completed before the property is first let and reviewed at intervals of no more than two years, or sooner if risk factors change.

Keep a written record of the assessment, any action taken and any reviews carried out.

Alongside legionella, landlords of older properties should also consider the potential for lead in drinking water. If lead pipework is known or suspected, or there are concerns about water quality, further investigation and water testing may be appropriate to confirm whether any action is required.

Official guidance: HSE guidance on controlling legionella risks.

Where the property contains gas appliances, flues or associated pipework:

• They must be maintained in a safe condition
• An annual gas safety check must be completed by a qualified Gas Safe registered engineer
• The safety record must be retained for at least two years
• An existing tenant must receive a copy within 28 days of the check
• A new tenant must receive the record before moving in

A gas check can be completed up to two months early while retaining the existing annual deadline under the flexible timing rules.

If the tenant does not provide access, do not force entry. Keep evidence of all reasonable attempts to arrange the appointment and explain the legal requirement for the inspection.

Official guidance: HSE gas safety guidance for landlords and letting agents

An electrical safety inspection must be carried out before the tenancy begins and at least every five years after that, or sooner if the qualified person specifies a shorter interval.

The inspection should produce:

• An Electrical Installation Condition Report (EICR) for the fixed electrical installation
• An in-service inspection and testing report, (commonly referred to as PAT), for electrical appliances supplied by the landlord

Copies of both reports must be given to the tenant.

PAT is not simply an optional recommendation for a furnished property. In Scotland, the landlord's electrical safety inspection includes in-service inspection and testing of any electrical appliances supplied by the landlord.

Carbon monoxide detectors are required where fixed carbon-fuelled appliances are present and in certain rooms where a relevant flue passes through.

This can include:

• Rooms or interconnected spaces containing a fixed carbon-fuelled appliance
• Rooms through which a relevant flue passes
• Bedrooms or living rooms affected by that flue arrangement

An appliance used solely for cooking is treated differently under the guidance.

The detector must be installed in the correct location and in accordance with the manufacturer's instructions and the relevant Scottish guidance. Use a competent professional where the layout is unclear.

Scottish guidance requires:

• One smoke alarm in the room used most often for daytime living
• One smoke alarm in every circulation space on each storey, such as hallways and landings
• One heat alarm in every kitchen
• Ceiling-mounted smoke and heat alarms
• Interlinked smoke and heat alarms
• Mains-powered alarms or tamper-proof long-life battery alarms

Where a tenant is deaf or hard of hearing, specialist fire alarm accessories may be needed in addition to the standard alarms.

A property is likely to require an HMO licence where it is the main home of three or more unrelated people who share facilities.

This is especially relevant to:

• Student flats
• Professional sharers
• Larger shared properties
• Group tenancies

Do not assume a standard residential letting process is enough.

The City of Edinburgh Council offers one-year and three-year HMO licence options depending on eligibility. Applications can require plans, safety certificates, fire documentation and other property information.

The exact standards and evidence required should be checked before the property is occupied as an HMO.

Short-term letting is not the same as granting a standard residential tenancy.

In Edinburgh:

• A short-term let licence is generally required unless a specific exemption applies
• New operators cannot take bookings or receive guests before the licence is in place
• The whole council area is a short-term let control area
• An entire dwelling that is not the operator's main home will normally require planning permission.

Check the licensing and planning position before advertising, taking bookings or assuming a festival or holiday-let strategy is available.

Official guidance: Short-term lets in Edinburgh

Landlord-provided furnishings must be safe and fit for use.

Upholstered furniture and mattresses supplied at the start of the tenancy must meet the requirements of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and retain the required manufacturer's labels where applicable.

When replacing items, keep:

• Purchase records
• Product information
• Evidence that the required fire-safety labels are present
• Updated inventory photographs

A property can be prepared beautifully and let to a suitable tenant, but the quality of the tenancy depends on what happens next.

Good management needs:

• Clear communication
• Rent monitoring
• Maintenance processes
• Repair records
• Inspections
• Contractor coordination
• Compliance reminders
• Fair tenancy decisions
• Organised check-out procedures

The goal is not to remove every issue.

Rental properties will need maintenance. Circumstances will change. Tenants will ask questions.

The difference lies in whether those things are handled through a clear process or allowed to drift.

At the start of the tenancy, the tenant should know:

• Whether Albany or the landlord is the main contact
• How maintenance should be reported
• What to do in an emergency
• Where tenancy documents are stored
• How rent should be paid
• How access will be arranged
• Who will communicate about inspections
• Who deals with communal issues

Do not leave the tenant to discover the management structure when something goes wrong.

Rent collection should follow a documented process.

That process should cover:

• Payment dates
• Payment records
• Late-payment communication
• Landlord updates
• Arrears escalation
• Payment arrangements
• Professional or legal advice where required

A missed payment does not always mean a tenancy is failing.

It does mean the issue should be noticed and addressed early.

The Scottish Letting Agent Code of Practice requires agents who collect rent to have written procedures covering rent handling and late payment. Landlords should be informed of late rent in line with those procedures and the management agreement.

Maintenance reports should contain enough information for the issue to be understood.

Ask tenants to provide:

• What has happened
• When it began
• Which room or appliance is affected
• Photographs or video where useful
• Whether utilities have been affected
• Whether there is active water escape
• Whether there is an immediate safety concern
• When access is available
• For Albany-managed properties, tenants can use the online maintenance-reporting route.

Report maintenance through Albany Fixflo

Not every repair has the same urgency.

A blocked internal door, failed boiler, active leak and loose cupboard handle should not enter the same queue with the same response.

Consider:

• Risk to people
• Risk to the building
• Loss of heating or hot water
• Water escape
• Electrical or gas safety
• Security
• Sanitation
• Vulnerability of occupiers
• Whether the issue is worsening
• Whether another property is affected

Scottish guidance does not give one universal deadline for every repair. The property must be restored within a reasonable time, taking account of the circumstances.

Where a letting agent manages maintenance, the Scottish Letting Agent Code of Practice requires suitable repair reporting procedures, target response times, and clear communication with tenants about the action being taken and the likely timescale. Where delays occur, tenants should be kept informed, and the reasons explained.

An emergency process should distinguish genuine emergencies from routine maintenance.

Examples that may require urgent action include:

• Suspected gas escape
• Significant uncontrolled water leak
• Serious electrical danger
• Fire
• Insecure property following damage or forced entry
• Loss of essential services affecting a vulnerable occupier
• Structural danger

Tenants should know:

• Which number or system to use
• What information to provide
• When emergency services or the gas emergency line should be contacted
• What not to attempt themselves

Do not promise a universal 24-hour repair where the actual response depends on access, contractor availability, parts and the nature of the issue.

Promise a clear reporting and escalation process instead.

For a Private Residential Tenancy, current government guidance states that:

• The tenant can refer the increase to Rent Service Scotland within the specified period
• The correct prescribed form must be used
• The tenant must receive at least three months' written notice
• The rent officer can assess the open-market rentperiod

Rent can normally be increased only once in a 12-month period

Current guidance states that there is no general cap on the amount of the increase, but the notice and review rights still apply.

Rules may change, so always use the current official guidance and form.

A certificate that was valid at move-in will eventually expire.

The management system should record:

• What is required
• Issue date
• Expiry or review date
• Contractor
• Recommended remedial work
• Whether the tenant received a copy
• Whether follow-up evidence has been stored

Good compliance tracking is not just a diary reminder.

It includes evidence that the required action was completed.

Changes may include:

• An occupier joining
• An occupier leaving
• A joint-tenant change
• A guarantor change
• Permission for a pet
• Alterations
• A change to the landlord or agent
• A change in rent
• A change in how the property is used

Do not rely on an informal conversation where the change affects the tenancy.

Check:

• Whether the proposed change is legally possible
• Whether all parties need to agree
• Whether a new document is required
• Whether HMO or occupancy status changes
• Whether registration, insurance or deposit information needs updating

Seek legal advice for unusual or disputed changes.

Regular property visits can help identify:

• Leaks
• Damp or mould
• Failed sealant
• Ventilation problems
• Damage
• Maintenance needs
• Unauthorised occupancy
• Alterations
• Garden or common-area concerns
• Signs that the tenant needs additional guidance

An inspection is not an opportunity to enter without consent.

For a Private Residential Tenancy, the landlord should normally give at least 48 hours’ written notice for a repair or inspection, unless there is an emergency. Keep a record of the notice. If access is refused, use the proper process rather than entering with retained keys.

After a visit:

• Record what was seen
• Distinguish wear and tear from damage
• Tell the tenant what action is expected
• Tell the landlord what needs attention
• Agree responsibility
• Set follow-up dates
• Retain photographs where appropriate and lawful

In a tenement, a repair may involve:

• The landlord
• The tenant
• Other owners
• The factor
• The council
• An insurer
• Multiple contractors

Examples include:

• Roof leaks
• Common pipes
• Gutters
• Close lighting
• Secure-entry systems
• Stair windows
• Common doors
• Back courts
• Shared drains

Identify whether the problem sits inside the let property, within common parts or across both.

Do not delay an urgent internal response simply because responsibility for the final cost is being discussed.

A Private Residential Tenancy does not simply expire on a fixed end date in the way an old fixed-term tenancy might.

Where the tenant wants to leave

A tenant can generally end a Private Residential Tenancy by giving at least 28 days’ written notice.

Where notice is sent by post or permitted email, the Scottish Government model notes say additional time should be allowed for receipt. Joint tenants normally need to act together unless another legal arrangement applies.

Where the landlord wants to end the tenancy

A landlord cannot end a Private Residential Tenancy simply because they want it to finish.

The landlord must:

• Rely on a statutory eviction ground
• Serve a valid Notice to Leave
• Give the correct notice period
• Provide relevant supporting information
• Apply to the First-tier Tribunal if the tenant does not leave

The notice period is either 28 or 84 days, depending on the eviction ground and the tenant's circumstances, including how long they have lived in the property. The Scottish Government model notes say additional time should be allowed for receipt. A tenant does not have to leave when the notice period expires.

If they remain in the property, the landlord must apply to the First-tier Tribunal (Housing and Property Chamber) for an eviction order, and the tenant only has to leave if the Tribunal grants that order.

This is an area where legal advice is strongly recommended if the position is disputed, the notice history is complicated or eviction proceedings may be required.

During the tenancy, keep track of:

• Rent payments
• Arrears communication
• Maintenance reports
• Contractor instructions
• Invoices and warranties
• Inspections
• Access notices
• Compliance dates
• Tenant communications
• Approved changes
• Rent-review history
• Tenancy-ending documents
• Check-out evidence
• Deposit correspondence

At the end of the tenancy:

• Compare the property with the original inventory
• Record the current condition
• Photograph relevant issues
• Record meter readings where appropriate
• Account for keys and access devices
• Distinguish fair wear and tear from damage
• Identify cleaning or missing items
• Obtain proportionate evidence of costs
• Communicate proposed deductions clearly
• Follow the deposit scheme process

A landlord should not expect a tenant to return an older property in a better condition than it was at move-in.

Age, quality, expected lifespan, tenancy length and normal use all matter when considering a deduction.

If agreement cannot be reached, use the deposit scheme’s dispute-resolution process.