Lesson 2 – Documents Every Landlord Must Provide

Lesson Overview

Providing the correct documents at the beginning of a tenancy is one of the most important legal responsibilities of a landlord in Scotland. These documents ensure tenants understand their rights and responsibilities, provide important safety information, and demonstrate that the property complies with legal requirements.

Failing to provide the required documents can result in legal disputes, financial penalties, or enforcement action by the relevant authorities. It may also weaken a landlord’s position if legal proceedings become necessary.

This lesson explains each document that landlords must provide and why it is important.

Learning Objectives

By the end of this lesson, you will be able to:

• Identify the documents that must be provided to tenants.
• Understand the purpose of each document.
• Recognise when the documents should be provided.
• Comply with Scottish legal requirements.
• Create a professional tenancy file for every new tenant.

Why Documentation is Important

Providing accurate and complete documentation helps to:

• Ensure legal compliance.
• Protect landlords from disputes.
• Inform tenants of their rights.
• Demonstrate property safety.
• Build trust between landlord and tenant.
• Reduce misunderstandings throughout the tenancy.

Good record-keeping is a hallmark of professional property management.

Written Tenancy Agreement

Every tenant must receive a written tenancy agreement.

For a Private Residential Tenancy (PRT), the agreement should normally be provided before or at the start of the tenancy.

The tenancy agreement sets out the legal terms agreed between the landlord and tenant.

Information the Agreement Should Include

The agreement should clearly state:

• The names of the landlord and tenant.
• The address of the property.
• The date the tenancy begins.
• The monthly rent.
• The payment method.
• The amount of any tenancy deposit.
• Details of included services.
• Repair responsibilities.
• Notice requirements.
• Any additional terms that comply with Scottish law.

The agreement should be written in plain, easy-to-understand language.

Landlords cannot include terms that remove or reduce a tenant’s statutory rights.

Why the Tenancy Agreement Matters

A written agreement:

• Provides certainty for both parties.
• Records the agreed terms.
• Reduces disputes.
• Supports legal proceedings if necessary.
• Helps tenants understand their obligations.

Easy Read Notes

Scottish landlords must provide tenants with the Easy Read Notes that accompany the Private Residential Tenancy.

These notes explain the tenancy in simple language and help tenants understand:

• Their rights.
• Their responsibilities.
• The landlord’s responsibilities.
• How the tenancy works.
• How can the tenancy be ended?
• Where to obtain further advice.

The purpose of the Easy Read Notes is to make tenancy law easier to understand for everyone.

Providing these notes helps ensure tenants are fully informed from the beginning of the tenancy.

Tenant Information Pack

Landlords should ensure tenants receive important information relating to the tenancy and the property.

A Tenant Information Pack may include:

• Emergency contact details.
• Utility supplier information.
• Refuse and recycling collection arrangements.
• Heating instructions.
• Appliance manuals.
• Local authority information.
• Reporting repairs procedure.
• Fire safety information.
• Property rules.
• Useful telephone numbers.

Although some information is not prescribed by law, providing a comprehensive information pack is considered good practice and helps tenants settle into the property more quickly.

Gas Safety Certificate

If the property contains any gas appliances, landlords must provide the tenant with a copy of the current Gas Safety Certificate.

The inspection must be carried out by a Gas Safe registered engineer.

The certificate confirms that:

• Gas appliances are safe.
• Pipework has been inspected.
• Flues are safe.
• Gas installations meet legal safety requirements.

Gas Appliances Covered

Examples include:

• Boilers.
• Gas fires.
• Gas cookers.
• Water heaters.

The inspection must normally be carried out every 12 months.

Landlords should keep copies of all certificates for their records.

Energy Performance Certificate (EPC)

Every property offered for rent must normally have a valid Energy Performance Certificate (EPC).

The EPC measures how energy efficient the property is.

It provides:

• An energy efficiency rating.
• An environmental impact rating.
• Recommendations for improving efficiency.

Prospective tenants should have access to the EPC before deciding whether to rent the property.

Providing the EPC allows tenants to make informed decisions about likely energy costs.

Electrical Safety Documentation

Landlords must ensure the property’s electrical installations and supplied appliances are safe.

Tenants should receive copies of the relevant electrical safety documentation.

Electrical Installation Condition Report (EICR)

The EICR confirms the safety of:

• Wiring.
• Consumer unit.
• Socket outlets.
• Light fittings.
• Fixed electrical installations.

The inspection should normally be carried out at least every five years by a suitably qualified electrician.

Portable Appliance Testing (PAT)

Where portable electrical appliances are supplied, they should also be inspected.

Examples include:

• Kettle.
• Microwave.
• Washing machine.
• Refrigerator.
• Lamps.
• Toaster.

Maintaining electrical safety reduces the risk of fire and electrical accidents.

Legionella Guidance

Landlords have a legal responsibility to assess and manage the risk of exposure to Legionella bacteria.

Legionella can develop in water systems where conditions allow bacteria to grow.

Although landlords are not generally required to obtain a formal Legionella certificate for domestic properties, they should:

• Carry out a risk assessment.
• Identify potential risks.
• Take reasonable steps to control those risks.
• Provide tenants with simple guidance on maintaining water hygiene.

Information to Give Tenants

Landlords should advise tenants to:

• Run taps and showers if the property has been vacant.
• Clean shower heads regularly.
• Report problems with the water system.
• Inform the landlord if the property will be vacant for an extended period.

Providing this guidance helps reduce the already low risk of Legionella in most residential properties.

Other Useful Documents

Although not always legally required, many professional landlords also provide:

• Inventory and Schedule of Condition.
• Deposit protection certificate.
• Deposit prescribed information.
• Appliance instruction manuals.
• Heating instructions.
• Alarm operating instructions.
• Key receipt form.
• Emergency contact sheet.

Providing these documents helps improve communication and reduces disputes.

Keeping Records

Landlords should always retain copies of:

• Signed tenancy agreements.
• Safety certificates.
• EPC.
• Electrical reports.
• Deposit documents.
• Correspondence.
• Inventories.
• Inspection reports.

Electronic copies should be securely backed up.

Good record-keeping can prove invaluable if a dispute reaches the First-tier Tribunal.

Best Practice Tips

Professional landlords should:

• Provide all documents before or on the tenancy start date.
• Explain each document to the tenant.
• Obtain signed confirmation that documents have been received where appropriate.
• Keep electronic and paper copies.
• Update certificates before they expire.
• Review tenancy documents regularly to ensure they remain compliant with current legislation.

Taking these steps demonstrates professionalism and helps create a positive landlord–tenant relationship from the outset.

Key Takeaways

• Landlords must provide tenants with important legal and safety documents at the start of the tenancy.
• A written tenancy agreement forms the foundation of the tenancy.
• Easy Read Notes help tenants understand their rights and responsibilities.
• Gas, electrical and energy performance documents demonstrate that the property is safe and compliant.
• Legionella guidance forms part of a landlord’s health and safety responsibilities.
• Maintaining accurate records and providing comprehensive documentation reduces the risk of disputes and supports effective tenancy management.

Knowledge Check

1. Which document sets out the legal terms of the tenancy?

A. Energy Performance Certificate (EPC)
B. Gas Safety Certificate
C. Written Tenancy Agreement ✅
D. Electrical Installation Condition Report

2. Why are the Easy Read Notes provided to tenants?

A. To advertise the property.
B. To explain how to decorate the property.
C. To help tenants understand their rights, responsibilities and how the tenancy works. ✅
D. To replace the tenancy agreement.

3. What does an Energy Performance Certificate (EPC) provide?

A. The property’s council tax band.
B. The landlord’s insurance details.
C. The property’s energy efficiency rating and recommendations for improvement. ✅
D. A record of previous tenants.

4. Who must carry out the annual gas safety inspection?

A. The tenant.
B. Any qualified plumber.
C. The local authority.
D. A Gas Safe registered engineer. ✅

5. Why should landlords keep copies of all tenancy documents and safety certificates?

A. To increase the property’s value.
B. To avoid paying tax.
C. To demonstrate legal compliance, support effective tenancy management and provide evidence if a dispute arises. ✅