As more domestic properties are being offered for let due to issues within the property retail market, many property owners are falling into some unfamiliar territory during the transition of becoming a landlord. There are many legal issues relating to let property that they may need to consider.

General advice on some of the issues relating to Landlords, Tenants and Neighbours of let property can be addressed through links on this website.

All properties occupied as the principal residence by more than two unrelated people, sharing facilities within that property, require a licence issued by the Local Authority to occupy the property in this way.

It is a criminal offence under the Housing (Scotland) Act 2006, to operate a House in Multiple Occupation without a licence.

From 1 April 2006, all private sector landlords who let property within Scotland require to make application for, and be approved on, a national register of private landlords.

It is a criminal offence under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004, to let a property without being approved on the register as a fit and proper landlord.

• Landlords: advice on your legal requirements can be found at: Advice for Landlords

• Tenants: advice on safe accommodation can be found at: Advice for Tenants

• Neighbours: advice on what rented properties in your neighbour hood can mean can be found at: Advice for Neighbours

Download this form to Notify us of an unregistered property. 

What's New

Legislation introduced by the Housing (Scotland) Act 2006, means that Landlords in the private rented sector have a duty to ensure that a rented house meets a basic standard of repair called the "repairing standard". If a rented house does not meet that standard, and the landlord delays or refuses to carry out the necessary repairs, the tenant can apply to the Private Rented Housing Panel for a decision by a Private Rented Housing Committee on whether or not the landlord has failed to comply with that duty. The Committee can then order the landlord to carry out the necessary repairs. Various penalties apply if the landlord then does not do so. For further info visit Private Rented Housing Panel (prhp)

Implementation of the Private Rented Housing (Scotland) Act 2011
The Private Rented Housing (Scotland) Act 2011 received Royal Assent on 20 April 2011. The purpose of the Act is to support responsible landlords and address more effectively the problems caused by landlords who act unlawfully, by strengthening the regulation of the private rented sector.

Some changes came in to force on 31 August 2011, whilst the rest will be implemented throughout 2012. This legislation can be viewed and downloaded at http://www.legislation.gov.uk/asp/2011/14/contents

• Advertising Property to Let - Displaying Landlord's Registration Numbers
  From 1 June 2013, The Private Rented Housing (Scotland) Act 2011 imposes a duty to include the landlord's registration number within any "written advertisements".
  Find out more...
• The Tenancy Deposit Schemes (Scotland) Regulations 2011
  All private landlords must now lodge any deposit they are holding. The Tenancy Deposit Schemes (Scotland) Regulations 2011, came into force in March 2011 and will take effect from 2 July 2012.
  Find out more...