Landlord rules and legislation

If you rent out a private property, you have a legal responsibility to make sure that it meets a legal standard of repair called the Repairing Standard. A letting agent may rent a property on your behalf, but you are still responsible for complying with the Repairing Standard.

The Repairing Standard

Since 1 March 2024, new rules have been added to the Scottish Repairing Standard. All private rented properties and short term lets in Scotland must now have:

• fixed central heating
• a kitchen with adequate space
• facilities to prepare and store food

Repairing Standard: statutory guidance for private landlords – Scottish Government

Tenement flats

The existing duty to make sure that the structure and exterior of the property is in a reasonable state of repair and in proper working order has been updated. 

Where a private rented house or short term let is a flat in a tenement, the tenant must now be able to safely access and use any common parts of the tenement, such as common closes. 

Section 16 of the Housing (Scotland) Act 2006 dealing with exceptions to landlords' repairing duties has also been updated. 

A private rented house which is a flat in a tenement will not fail the Repairing Standard if work otherwise needed to comply with the standard cannot be carried out because a majority of owners in the tenement have refused consent to carry out the work.

Water pipes

The new Repairing Standard also requires water pipes in private rented and short term let properties to be free of lead. Where this cannot be determined, you must carry out water testing to check for lead piping. 

Fixed space heating systems

Fixed space heating systems must be capable of maintaining a temperature of 21⁰C in at least one room and 18⁰C elsewhere, when the outside temperature is minus 1⁰C. 

Where the property is in a tenement, common doors must be secure and fitted with satisfactory emergency exit locks and a secure entry system.