Letting an Edinburgh property involves navigating a variety of legal requirements to ensure you don’t fall foul of the law. As a landlord, it’s crucial to be well informed to avoid potential legal pitfalls – you’ll need to know about tenancy agreements, safety certificates, rent deposit schemes and more!   

Scottish Government Model Tenancy Agreement 

The Scottish Government provides a Model Tenancy Agreement (MTA) for landlords to use. This ensures that both landlords and tenants have a clear understanding of their rights and responsibilities. The MTA has recently been updated to take account of the end of the rent cap and eviction moratorium introduced to support tenants during the cost-of-living crisis. Tenancies are open-ended and rent can be increased only once in a 12-month period.  

Rental Properties Must Meet The Repairing Standard 

As a landlord, your property must meet the Repairing Standard, the basic standard for all rental properties in Scotland. This means, among other requirements, ensuring that the property is wind and watertight, that the structure and exterior are in a reasonable state of repair, and that installations for the supply of water, gas, and electricity are in good working order.  

What Landlords Need To Know About Safety Certificates  

Several safety certificates are mandatory when letting your home, and copies must be supplied to tenants. These must be updated at regular periods during the tenancy and include: 

• Gas Safety Certificate: An annual check by a Gas Safe registered engineer is required to ensure that all gas appliances and installations are safe. 

• Electrical Safety Certificate: Every five years, an Electrical Installation Condition Report (EICR) must be obtained from a registered electrician. Any electrical appliances supplied must also be PAT tested.  

• Legionella Risk Assessment: Landlords must conduct a risk assessment for Legionella bacteria in the water system. Although no certificate is required, keeping records of the assessment and any remedial action taken is essential. 

Full details of all the required safety inspections and certificates can be found on the Edinburgh City Council website.  

Rent Deposit Schemes 

In Scotland, landlords must place tenants’ deposits in a government-approved deposit scheme within 30 working days of the start of the tenancy. These schemes protect the deposit and provide a resolution service in case of disputes, such as when acceptable wear and tear is challenged.  

The three approved schemes are SafeDeposits Scotland, Letting Protection Service Scotland, and MyDeposits Scotland.  

Energy Performance Certificates (EPC) 

An Energy Performance Certificate (EPC) is required before a property can be let. This provides information on the property’s energy efficiency and environmental impact. Whilst there is currently no minimum EPC rating the Scottish Government is consulting on plans to reform the EPC process, working towards the 2045 ‘net zero’ greenhouse gas target. 

Smoke, Heat And Carbon Monoxide Detectors 

Landlords must ensure that smoke, heat and carbon monoxide detectors are installed in the property. Smoke alarms must be interlinked and must be installed in the main living area, plus the circulation space on each storey. A heat detector is required in the kitchen and a carbon monoxide detector is needed if the property has gas appliances.    

The Benefits Of Using A Letting Agent 

When letting your property, you have the option of using a letting agent to manage the tenancy or you could opt to look after everything yourself. A reputable letting agent will ensure you meet all the legal requirements and safety certificates are kept up to date. Letting agents offer expertise and experience and can save landlords money on maintenance and repairs due to their network of reliable local contractors. 

However, using a letting agent comes with associated fees, which can vary depending on the quality of service provided. It’s important to shop around and ensure you choose an agent with good reviews who will offer all the services you require. 

Managing the property yourself is cheaper and gives you more control, but it can be time-consuming and stressful – especially if there are disputes with tenants to handle. If you don’t live close to the property or lack the required knowledge, you could face difficulty managing it efficiently. 

Deciding whether to manage your property yourself or use a letting agent depends on your circumstances, knowledge, and availability. Staying informed and compliant with legal requirements is essential regardless of your choice. 

Talk to one of our professional property managers for more advice and information about renting out your Edinburgh property. Schedule a call for a no-obligation chat.