Legal responsibilities

As a landlord, there are several statutory requirements that you need to comply with. At ESPC Lettings we can help arrange these for you.

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Landlord Registration

All owners of your rental property need to register as private landlords.

This can be done online at www.landlordregistrationscotland.gov.uk . If you are using ESPC Lettings as your management agent, our registration numbers as noted below for each relevant council:

City of Edinburgh: 338579/230/31301

Midlothian: 338579/290/13031

East Lothian: 338579/210/27541

Tenancy Deposit Scheme

All deposits paid by tenants must be placed in one of three Scottish Tenancy Deposit Schemes (SDS).

Safe Deposit Scotland

My Deposits Scotland

Letting Protection Service

At ESPC Lettings we use Safe Deposit Scotland, and we will ensure your tenants deposit is correctly lodged in the Tenant Deposit Scheme.

Gas and Electrical Safety Certificates

All rental properties must have the following checks carried out to ensure they are safe to tenants:

  • Gas Certificate - All gas appliances must be checked on an annual basis and a certificate must be in place to show all appliances are safe for use.
  • Portable Appliance Test (PAT) - All electrical appliances that are portable such as toasters, washing machines, etc must be checked annually and a certificate provided to show that they are too are safe for use
  • Electrical Installation Condition Report (EICR) - Wiring and sockets must be checked on a regular basis and we recommend to our Landlords that this is carried out every three years.

Smoke Alarms

The property must have hard-wired smoke alarms and should adhere to the following:

  • One functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes
  • One functioning smoke alarm in every circulation space, such as hallways and landings
  • One heat alarm in every kitchen
  • Alarms should be mains wired adn interlinked

Energy Performance Certificate (EPC)

All properties must have an EPC before the property can be advertised. If you have a Home Report, you will find a copy of the EPC within this report. An EPC is valid for 10 years.

Legionnaires Disease

It is a legal requirement to have a risk assessment for legionella carred out in all rental properties. The risk assessment should identify any areas where legionella bacteria could grow and if treatment is required to stay compliant, landlords should employ a 'competent' person to conduct the risk assessment who is capable of making recommendations if a risk is identified.

House in Multiple Occupation Licence (HMO)

Properties which have three or more unrelated tenants living together must have a HMO Licence. These properties need certain fire safety fittings and must meet specific minimum requirements set out by Edinburgh Council.

Insurance

As the owner of the property you are responsible for insuring the building. You should arrange insurance for any contents you may have in the property. Anything belonging to your tenant is their responsibility to insure.