Private Landlord Information

As you will be aware all residential landlords in Scotland who let out property must be registered with the local authority where their property is rented. The Private Landlord Registration (Fees) (Scotland) Regulations 2019 (legislation.gov.uk) came into force on 11 June 2019. Section 3 of the regulations makes provision for fees to be adjusted from 1 April each year.  

The fees for 2023/24 are: –

• £75 Application fee
• £17 per registered property
• £149 Late application fee

Energy Efficiency Regulations in the Private Sector

You may have been aware that Scottish Government, having paused the laying of regulations to set standards for energy efficiency within the Private Rented Sector (PRS) in March of 2020, had planned to reintroduction these regulations in January of this year, however work will now be undertaken to introduce the new regulations in 2025, requiring all private rented sector properties to reach a minimum standard equivalent to EPC C by 2025 where technically feasible and cost-effective, at change of tenancy, with a backstop of 2028 for all remaining existing properties. The previous option to introduce a standard of EPC D will not now be taken forward.

Energy efficiency in homes – Energy efficiency – gov.scot (www.gov.scot)

Council Tax

Council Tax is charged on domestic properties, the amount you have to pay will depend upon the valuation band in which your property falls.

An independent assessor determines which of eight valuation bands applies to each home in East Ayrshire. Council Tax is then charged based on which band your property falls into.

Find out more about Council Tax Bands.

Further information can be found at:

About Council Tax · East Ayrshire Council (east-ayrshire.gov.uk)

Creating a Tenancy

A tenancy agreement is a contract between you and your tenant. It covers things like safety, payment of rent and house rules.

As a landlord, you must give your tenant all the terms of their private residential tenancy in writing. If you don’t you’ll be breaking the law.

Most private tenancies started on or after 1 December 2017 will be private residential tenancies. Information about private residential tenancies can be found in the Scottish Government’s guidance for landlords.

Create a tenancy agreement – mygov.scot

Bringing a Tenancy to an End

If you’re renting out a property, you may want your tenant to leave the let property. This may be because:

• you want to live in the property
• the tenant has broken a term of the tenancy
• the tenant is not paying the rent
• the tenant has abandoned the property

When you want to end a tenancy, you must do it legally. Your tenants are protected by the law against harassment and unlawful eviction, so if you (or a letting agent acting on your behalf) do not follow the correct steps they may take court action.

The process for ending a tenancy, and the reasons you are allowed to bring a tenancy to an end, can be different depending on what type of tenancy your tenant has. It is important that you use the correct procedure when you end a tenancy – if you do not do this, you may be breaking the law.

Ending a tenancy as a landlord – mygov.scot

Repairing Standards

A landlord in the private rented sector has a duty to ensure that the house they rent out meets the repairing standard. If a tenant or third party (for the time being a Local Authority) believes that a rented house does not meet that standard, an application can be made to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a decision by a tribunal on whether or not the landlord has complied with that duty. The tribunal can then order the landlord to carry out the necessary repairs. Various enforcement powers apply if the landlord then does not do so. A house meets the repairing standard if:-

(a) it is wind and watertight and in all other respects reasonably fit for human habitation,

(b) the structure and exterior of the house (including drains, gutters and external pipes) are in a reasonable state of repair and in proper working order,

(c) the installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in a reasonable state of repair and in proper working order,

(d) any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order,

(e) any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed,

(f) the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire, and

(g) the house has satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health

(h) the house meets the tolerable standard

Repairs | Housing and Property Chamber