Landlords Association Scotland

BLA  Scotland – British Landlords Association, a national landlords association covering Scotland.

Renting property in Scotland

Scottish Registration – Before you can rent a property in Scotland, you must register with the local council, which covers the area where your property is situated.

Registering before you rent out a property, in turn, ensures you meet the minimum legal requirements.

Joint owners (anyone else named on the title deeds) must register, too, but they will not be charged.

Renting out your property without registering with a local council is a criminal offence. You could be fined up to £50,000.

You can apply for landlord registration online at the Scottish Landlord Register website or by contacting your local council’s housing department.

Scotland – Exemptions from registration

In some situations, you don’t have to register with a council to rent a property in Scotland. They are:

  • Holiday lets
  • Houses managed by religious orders
  • Houses with a resident landlord
  • Houses with agricultural and crofting tenancies
  • Letting to family members
  • Houses providing care services governed by Care Inspectorate regulation

Scotland HMO license

You need a house in multiple occupancy (HMO) licenses if both of the following apply:

  • You want to rent your property out to 3 or more tenants
  • None of the tenants is related or part of the same family

If you want to use your home in this way, there are extra criteria you’ll need to meet before the council will agree to register you.

They’ll have to decide:

  • If you are ‘fit and proper (able) to hold an HMO license
  • If the property is managed properly
  • If the property meets their required standards
It’s a criminal offence to rent out a home for 3 or more unrelated people without an HMO license. You could be fined up to £50,000 if you do.
 

Contact your lender and insurers

Before registering as a landlord, you should inform your mortgage lender and insurers in writing that you intend to let your property.

Your mortgage or insurance terms may change if you rent out your home. In some cases, your insurance coverage may be void if your insurer has not been informed a tenant lets your property.

Scotland – Your responsibilities as a landlord

You have the following responsibilities as a landlord.

Although your letting agent may be able to carry out some of these duties on your behalf, you’ll still be legally responsible for them.

Any legal action that happens because these weren’t carried out will be your responsibility, not the letting agent’s.

It’s your responsibility to:

  1. Register with the local council, which covers the area where your let property is located.
  2. Give the tenant your name and address
  3. Register their deposit with an approved tenancy deposit scheme
  4. Give the tenant a tenancy agreement and the correct information notes for their tenancy
  5. Have an Energy Performance Certificate for the property
  6. Respect the tenant’s peace, and give them the correct amount of notice (24 hours or 48 hours) if you want to enter the property
  7. Meet gas, electricity and other safety requirements
  8. Make sure you’ve carried out a Legionella Risk Assessment
  9. Maintain the property’s structure and exterior (including drains, gutters and external pipes)
  10. Allow adaptations for disabled people, within reason (your local council might be able to provide some support)
  11. Make sure the property meets the Repairing Standard and give the tenant information on it (this is contained in the information notes, which you legally have to give your tenant)
  12. Give the tenant written notice if there’s any defect in the property or work that needs to be carried out
  13. Take action to deal with any antisocial behaviour with your tenants in or around your property
  14. Follow the right legal procedures if you want your tenant to leave
  15. Consider whether a house in multiple occupancy (HMO) license is needed

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