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:
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.