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Prescribed Information for Landlords

The Scottish Government's 'Prescribed Information' legislation began on 16 September 2019. This means that when you are either applying online for registration for the first time, or renewing your Registration online you will be required to complete a series of questions called 'Your Obligations'. This section includes information on 12 'landlord obligations', and requires applicants to answer Yes/No/Not Applicable. 

Each question includes advice about these obligations and in most cases the required answer is Yes, i.e. the applicant already holds a current Gas Safe certificate, PAT certificate, etc. 

Since the introduction of the legislation, approximately 30% of all registration applications received by Aberdeen City Council have been put on hold because applicants have ticked No or Not Applicable to obligations that are required. 

The Landlord Registration Team are contacting these applicants to query their answers as applications cannot be approved until a satisfactory explanation and/or a copy of the relevant certification is submitted to the Council. 

One obligation that is causing confusion is the requirement to carry out a Legionella Risk Assessment on the rental property, and as a result, applicants are answering No/Not Applicable, whereas the answer should always be Yes if applicants are already letting property. 

Important Note 

If you are renewing your Landlord Registration, you must submit a renewal application prior to expiry of your Registration, failing which you will incur a Late Application Fee, which you must pay when you eventually submit your renewal application. If you apply to renew your Registration prior to its expiry but you do not hold, say, a current Gas Safe certificate or PAT certificate, simply answer 'No' to these and/or any other 'Prescribed Information' questions and proceed to submit your application. Doing this will allow you to comply with the Landlord Registration legislation and avoid payment of a Late Application Fee. 

The following information is currently available on the Scottish Government Landlord Registration Website.

Your Obligations 

We want to ensure Landlords are undertaking their rental property obligations. It is not a new regulation and most of you will be completing these. The 12 questions that follow will help you check if all your obligations are being actioned. If you answer no, your application will still be processed. Your Local Authority may contact you with regard to a 'No' answered question. 

Before you start, you'll need to find any relevant documents and certificates for your rental property or speak to your letting agent to confirm these obligations have been completed. 


 

Gas Safety 

A landlord has a legal requirement to provide a Gas Safety Certificate for their property for the current year and retain gas certificates for the previous 2 years. These certificates confirm that the gas installation and all gas appliances in the property are safe.

Many homes are supplied with gas for heating, hot water and for cooking. Whilst these appliances are highly convenient, if not well maintained, they can become dangerous. A regular gas safety check can ensure there is no risk to the occupants due to the gas supply, and that all pipework, flues and appliances are installed and maintained correctly.

If you rent a property, you are legally obliged to commission an annual gas safety check.
 

Is this question applicable to you?

This question will always be applicable to you if your properties have a gas supply or appliances. It is only not applicable if you:

  • Currently have no properties
  • If your properties have no gas supply or gas appliances

 

Electrical Installation Condition Report (EICR)/Electrical Installation Certificate (EIC) 

As a minimum, an electrical safety inspection must be carried out:

  • Prior to commencement of a new tenancy
  • During the tenancy at intervals of no more than 5 years from the date of the previous inspection.

A copy of the most recent electrical safety inspection report must be provided to both new and current tenants.

As a landlord you are required to ensure that regular electrical safety inspections are carried out by a competent person, and that anything that fails to pass the inspection is replaced or repaired immediately. The landlord is responsible for ensuring the person completing an EICR is suitably competent.
 

Is this question applicable to you?

This question will always be applicable to you if your properties have electricity. It is only not applicable if you:

  • Currently have no properties
  • If your properties have no electricity

 

Electrical Appliance Test Obligations 

As a minimum Portable Appliance Testing must be carried out every 5 years.

Portable Appliance Testing (or PAT Testing) is the process of checking electrical appliances for safety through a series of visual inspections and electronic tests.

The best way of ensuring that your appliances are safe is to have a PAT test carried out on them. This is a good way for you as a landlord to ensure that you are meeting your legal obligation to maintain high standards of electrical safety in your rented property.
 

Is this question applicable to you?

This question will always be applicable to you if your properties have electrical appliances. It is not applicable if you:

  • Currently have no properties
  • You have not supplied electrical appliances in your rental properties

As a landlord it is your responsibility to comply with the repairing standard obligation concerning fire, smoke and heat alarms which must be interlinked, and ceiling mounted. In the property there should be at least:

  • one functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes (normally the living room/lounge),
  • one functioning smoke alarm in every circulation space on each storey, such as hallways and landings, or in the main room if no landing in an upper storey,
  • one heat alarm in every kitchen

For further information please see Fire, Smoke and Heat Detection

Is this question applicable to you?

This question will always be applicable to you if you currently rent out a property. It is not applicable if you currently have no properties

Carbon monoxide statutory guidance 

To alert occupants in a property to the presence of levels of CO gas which may be harmful to people, you as a landlord have an obligation to ensure that a detection system is installed in all properties you let where there is a:

  • fixed combustion appliance (excluding an appliance used solely for cooking) or
  • a fixed combustion appliance in an inter-connected space, for example, an integral garage
  • a combustion appliance necessarily located in a bathroom (advice would be to locate it elsewhere) - the CO detector should be sited outside the room as close to the appliance as possible 

CO detectors should be powered by a battery designed to operate for the working life of the detector. The detector should incorporate a warning device to alert the users when its working life is due to expire and should be replaced on or before the expiry date. Hard wired mains operated CO detectors with fixed wiring (not plug in types) may be used as an alternative, provided they are fitted with a sensor failure warning device.

For further information please visit Carbon Monoxide detection
 

Is this question applicable to you?

This question will always be applicable to you if your properties have appliances that use carbon based fuel. It is not applicable if you:

  • Currently have no properties
  • If your properties have no appliances that use carbon based fuel

Water Supply

Most properties have their water supplied by Scottish Water. Approximately 3% of the Scottish population use a private water supply, this is more common in rural areas.

The water intended for human consumption (Private Supplies) (Scotland) Regulations 2017 came into force in October 2017, and are regulated and enforced by the local authorities.

The main objective of the regulation is to ensure the provision of clean, safe drinking water and to deliver significant health benefits to those using private water supplies.

For further information please visit the DWQR website. 

Is this question applicable to you?

This question will always be applicable to you if your property has a water supply, it is not applicable if you currently have no properties

Water Supply

Most properties have their water supplied by Scottish Water. Approximately 3% of the Scottish population use a private water supply, this is more common in rural areas.

The water intended for human consumption (Private Supplies) (Scotland) Regulations 2017 came into force in October 2017, and are regulated and enforced by the local authorities.

The main objective of the regulation is to ensure the provision of clean, safe drinking water and to deliver significant health benefits to those using private water supplies.

For further information please visit the DWQR website. 

Is this question applicable to you?

This question will always be applicable to you if your properties have a private water supply. It is not applicable if you currently have no properties.  

Energy Performance

Energy Performance Certificates (EPCs) provide information on how energy efficient a property is and how it could be improved. Properties are rated on a scale from A to G, with A being the most efficient. The certificate also provides information on measures which could be taken to improve the energy efficiency of the property and an indication of the cost for each improvement.

Landlords must provide a new EPC when a property is being let to a new tenant.
 

Is this question applicable to you?

This question will always be applicable to your properties. It is not applicable if you have no properties.

Legionella Assessment

Legionnaires' disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella. All water systems can provide an environment where Legionella may grow.

A landlord has a duty to ensure a legionella risk assessment is carried out on their property. This is to help guard their tenants against any risk of contracting the illness from contaminated water.

For further information please visit the following website.

 

Is this question applicable to you?

This question will always be applicable to your properties. It is not applicable if you have no properties.

Please read the guidance below. 

Legionnaires Disease Risk Assessment and Guidelines114.09 KB

 

If letting tenement or flatted property you will be responsible for insuring the reinstatement of the building housing the tenement/flat.

Tenements and flats must be insured. These are defined as buildings with two or more properties that are divided from each other horizontally.

For information on the Tenement Scotland Act please visit the following website.

 

Is this question applicable to you?

This question will always be applicable to your properties. It is not applicable if you:

  • Currently have no properties
  • You do not let flats or tenements

As a landlord you are responsible for repairing common areas, for example:

  • the ground (solum) on which your building stands (but not always the garden)
  • the foundations
  • the external walls - but individual owners are responsible for the part of these walls that lies in their flat
  • the roof (including the rafters)
  • other structural parts of the building such as beams, columns and load bearing walls
  • communal landings/passageways and stairs (when they are not mutual)
  • staircases in blocks of flats.

In some cases, a property factor may have been employed to take charge of the repair and maintenance of a block of flats or a tenement. However, ultimate responsibility still sits with the Landlord.
Consult your Title Deeds for clarification on what applies to you as a homeowner in the building. You can find a copy of your title deeds at scotlis.ros.gov.uk

 

Is this question applicable to you?

This question will always be applicable to your properties. It is not applicable if you:

  • Currently have no properties
  • You do not let flats or tenements

As a landlord if you take a deposit from a tenant, you must lodge it within 30 days of receipt in one of the three government backed tenancy deposit schemes: 

For more information please see: Mygov.scot
 

Is this question applicable to you?

This question will always be applicable to your properties. It is not applicable if you:

  • Currently have no properties
  • You have not taken a tenancy deposit 
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