What is the latest legislation for landlords in Scotland?

Topics

Key Takeaways

  • The Cost of Living (Tenant Protection) Act 2022 limits rent increases for existing private tenancies to three percent until 31 March 2024.
  • Landlords must install interlinked smoke and heat alarms in required areas, including the living room or most used daytime room, the kitchen, and every hallway or landing.
  • If a tenant is deaf or hard of hearing, landlords need to provide alarm products that support them, such as flashing lights or vibrating devices.
  • Rental deposits must be registered with one of the approved Scottish Tenancy Deposit Schemes such as Safe Deposit Scotland, My Deposits Scotland or the Letting Protection Service.
  • Certain safety checks are required, including an annual gas safety certificate, yearly checks on portable electrical items and regular inspection of wiring and sockets.

 

If you’re a landlord in Scotland, or want to become one, it’s essential to keep up to date with the regulations surrounding private rentals. With many changes over the last few years, it can be hard to keep track, but ESPC Lettings can help.

Here’s a brief rundown of the latest landlord legislation:

The Cost of Living (Tenant Protection) Act

The Cost of Living (Tenant Protection) Act enforces a 3% price cap on private rents (with some leeway in certain circumstances), offers tenants additional protection and is in place until 31 March 2024.

Fire, heat and smoke alarms

Every property must have interlinked smoke and heat alarms fitted, in the room that is most often used during the day, in the kitchen, and in every hallway and/or landing.

For deaf or hard of hearing tenants, additional accessories, such as flashing lights and vibrating pads, must be made available by the landlord.

EPC certification

Proposals suggest that all privately rented properties must have an EPC rating of at least C at change of tenancy from 2025, and all properties must meet the standard by 2028. This may change, but it’s always a good idea to look at what can make your property more energy efficient.

Additional Dwelling Supplement

Anyone who owns more than one residential property valued at £40,000 or more is liable to pay an Additional Dwelling Supplement, currently 6% of the purchase price.

Tenancy Deposit Schemes

All deposits paid by tenants must be placed in one of three Scottish Tenancy Deposit Schemes (TDS): Safe Deposit Scotland, My Deposits Scotland, or Letting Protection Service. 

Legionella risk assessment 

All rented properties in Scotland must have a risk assessment for legionella carried out.

Additional checks

Gas Certificate: All gas appliances must be checked annually, and a certificate in place to confirm safety.

Portable Appliance Test: All portable electrical appliances (e.g., a toaster) must be checked annually.

Electrical Installation Condition Report: All wiring and sockets must be checked regularly, ideally every three years.

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ESPC Lettings    

If you’re interested in entering the buy-to-let market or are a landlord looking for advice, ESPC Lettings can help. As a letting agent based in Edinburgh, we can assist with all stages of renting out a home, from finding the right property to sourcing tenants to property maintenance.    

Get in touch with the team today on landlord@espc.com or 0131 253 2847.