Landlords Legal Obligations

Meeting The Repairing Standard

The Repairing Standard is more extensive than the previous statutory duty to repair and maintain a let property, and takes in some of the standards for the social rented sector introduced by the Housing (Scotland) Act 2001, as well as some obligations that would previously have been contractual. See the Landlord > Repairing Standard for more information.


Informing the Inland Revenue of your additional income, completing your self-assessment and then paying any tax on your rental income and if you are living outside of the UK applying for approval to receive rent with no tax deducted. In the absence of this approval we must deduct tax at the source from your rental income and pay these monies to Inland Revenue on your behalf.

Paying all property taxes (Council Tax) for periods when the property is not tenanted and keeping your own records for VAT and personal taxation purposes.

Mortgage Lender

Unless you have a buy to let mortgage then you MUST obtain permission to let the property from your mortgage lender. Your lender may not permit letting and/or may put restrictions on the category of tenant you can let to. You must inform us of any special conditions they impose. Your lender will treat each request on its own merits. We may require written confirmation of this permission to Let.

Freeholders/Head Leases and Factors

Checking that you are not prevented from letting by your lease and advising us of special terms in your lease that we will need to insert into the tenancy agreement. Setting up direct billing if you pay any factoring fees.


Insuring your property together with its fixtures and fittings to its full re-instatement value and providing us with a copy of this insurance policy. You must ensure you have a specific Landlords policy which covers public liability.

Landlord Registration Scheme

Registering as a private Landlord with your Local Authority and providing us with your Landlord Registration number on signing this document.


Arranging postal re-direction at the property you are letting.


Providing us with all appliance manuals, guarantees, extended warranties and servicing contracts, as well as leaving a copy of these in the property. Tenants may not be able to operate appliances without these instructions and this may lead to an unnecessary repair/call out charges.

Energy Performance Certificate (EPC)

It is a mandatory requirement that all properties sold or rented from 4th January 2009 must have an EPC. The certificate requires to be updated every ten years. We must be provided with a copy of this certificate and another copy must be kept in the rented property. If we are not provided with a copy of this prior to advertising your property we will assume you require us to arrange this on your behalf at your expense.

Gas Safety

Repairing or replacing all faulty Gas appliances and ensuring that every Gas appliance and flue is installed safely and safety checked following the installation and 12 monthly thereafter, in order to comply with the Gas Safety Regulations 1996. This must be completed using qualified gas engineers who comply with certification requirements.


Removing or replacing all furnishings, which do not comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988. All settees, armchairs, mattresses and any other upholstered items should carry a label displaying a match and cigarette symbol or reference to the regulations.

Electrical Safety

Ensuring that all electrical appliances, plugs and sockets are safe, replaced or repaired as necessary to comply with The Electrical Equipment (Safety) Regulations 1994 (Consumer Protection Act 1987) and The Plugs and Sockets etc (Safety) Regulations 1994. All equipment should bear a British Safety Standard Mark (CE mark) to show compliance with the regulations. You may wish to consider having all electrical appliances and systems tested and for your own peace of mind.

Tenancy Deposit Scheme

You must provide sufficient evidence to the Tenancy Deposit Scheme provider for any claim you wish to make against a tenants deposit. The only way of doing this is by having a comprehensive inventory compiled at the start of a tenancy and checked at the end of the tenancy. We will assume all landlords require an Inventory unless we are informed in writing that this is not required. The Inventory will be charged at the applicable rate.

Breach of Tenancy

Instructing a Solicitor to serve the appropriate notices in the event of a breach of tenancy.


Keeping the property in good repair as defined by Chapter 4 of Part 1 of the Housing (Scotland) Act 2006. You must carry out a pre-tenancy inspection to ensure the property meets with the Repairing Standard.

Smoke Alarms

There should be one or more functioning smoke alarms installed in the property depending on the size/layout of the property. If there are multiple alarms they should be interlinked. An alarm installed prior to 3rd September 2007 can be mains powered or battery powered. Any smoke alarm installed or modified after 3rd September 2007 must be mains powered, including replacement alarms.


All repairs which are the Landlord`s responsibility and are a legal obligation to complete should be done within a reasonable time. We reserve the right to have these repairs completed at the Landlord`s expense if delays occur.


This is the tenant`s responsibility if you provide them with appropriate gardening equipment. However, the tenant is only expected to carry out basic gardening, i.e. grass cutting and hedge trimming. If you would like your garden kept to a specific standard it is advisable to organise regular maintenance.

Security Void Periods

The security or management of the property during periods when it is not tenanted.