Landlord guide: Moray Council

Why it matters

Non-compliance with Moray Council's specific local requirements or broader Scottish housing law can result in significant penalties, including fines, inability to enforce possession, and removal from the Landlord Register. Ignoring safety regulations or failing to properly register your property or HMO could lead to criminal charges or civil claims from tenants. Ensuring proactive compliance protects your investment, maintains legal standing, and fosters good tenant relationships.

Legal requirements

• All landlords in Moray Council must be registered with the Scottish Landlord Register before letting out a property.
• Any property let to three or more unrelated individuals forming two or more households must obtain a mandatory HMO licence from Moray Council.
• A Private Residential Tenancy (PRT) agreement must be issued to all tenants, detailing the tenancy terms, rent, and statutory information.
• Landlords must ensure the property meets the Repairing Standard at the start of the tenancy and throughout, including safety certificates and basic amenities.
• An Energy Performance Certificate (EPC) must be provided to prospective tenants, showing an up-to-date energy rating.
• Working smoke alarms and carbon monoxide detectors must be installed and regularly checked, meeting current Scottish standards.
• All tenant deposits must be protected in an approved scheme within 30 working days of receipt and prescribed information provided to the tenant.
• An electrical safety inspection (EICR) must be conducted by a qualified electrician at least every five years.
• A Gas Safety Certificate must be obtained annually for any gas appliances in the property.
• Landlords must provide tenants with the 'Easy Read Notes for the Scottish Private Residential Tenancy' and other key information documents.

Common mistakes

• Failing to register as a landlord with Moray Council, or letting a property while awaiting registration, which is illegal.
• Not realising that an HMO licence is required for certain shared properties, leading to an unlicensed HMO operation.
• Using outdated tenancy agreements, such as assured shorthold tenancy forms, instead of the mandatory Scottish Private Residential Tenancy (PRT) agreement.
• Neglecting to protect tenant deposits within the strict 30-working-day deadline and provide statutory information, risking penalties.
• Failing to conduct annual gas safety checks or five-yearly electrical safety inspections, leaving landlords vulnerable to safety breaches and prosecution.
• Not addressing repairs promptly to meet the Repairing Standard, leading to tenant complaints and potential First-tier Tribunal for Scotland (Housing and Property Chamber) action.
• Attempting to evict tenants without following the specific notice periods and grounds required under the Private Residential Tenancy and seeking a tribunal order.
• Not providing tenants with an up-to-date Energy Performance Certificate or the 'Easy Read Notes for the Scottish Private Residential Tenancy'.

Practical guidance

• Complete your landlord registration with Moray Council via the Scottish Landlord Register portal before advertising or letting any property.
• Assess your property's occupancy carefully to determine if it constitutes a House in Multiple Occupation (HMO) and requires a licence.
• Use the Scottish Government's model Private Residential Tenancy agreement or a compliant alternative for all new tenancies.
• Arrange for an annual gas safety inspection by a Gas Safe registered engineer and a five-yearly Electrical Installation Condition Report (EICR).
• Ensure all tenant deposits are protected within an approved scheme and the statutory prescribed information is issued without delay.
• Conduct regular property inspections and address any repair requests promptly to maintain the Repairing Standard.
• Keep meticulous records of all safety certificates, tenancy agreements, deposit protection, and communications with tenants.
• Familiarise yourself with the Renters' Rights Act 2025, which, while primarily affecting England, may influence best practices and future legislative changes across the UK.
• Ensure compliant smoke and carbon monoxide alarms are fitted and regularly tested, adhering to Scottish building standards.
• Provide tenants with the Scottish Government's 'Easy Read Notes for the Scottish Private Residential Tenancy' at the start of the tenancy.

Licensing Requirements in Moray Council

For landlords in the Moray Council area, compliance begins with the Scottish Landlord Register, a mandatory scheme for all private residential landlords. You must register yourself and your property with the local authority before you can legally let out your property. This registration demonstrates that you are a 'fit and proper person' to be a landlord. The Moray Council assesses applications and ensures landlords meet minimum standards. Unlike some English councils, Moray does not operate separate selective or additional licensing schemes beyond the mandatory HMO licensing. Therefore, any property occupied by three or more unrelated individuals from two or more households must obtain a mandatory House in Multiple Occupation (HMO) licence from the council. This licence ensures the property meets specific safety and amenity standards suitable for multiple occupants. Failure to register or obtain an HMO licence is a criminal offence, carrying substantial penalties.

The Scottish Private Residential Tenancy (PRT)

Scotland introduced the Private Residential Tenancy (PRT) in December 2017, replacing all former tenancy types, including assured and short assured tenancies. This means that unlike the system currently in place in England which, until the Renters' Rights Act 2025 commences, still uses assured tenancies, landlords in Scotland operate under an open-ended tenancy model. A PRT has no fixed end date; it continues until either the tenant chooses to leave, or the landlord uses one of the 18 specified 'grounds for possession' to end it. These grounds are decided by the First-tier Tribunal for Scotland (Housing and Property Chamber). Landlords must provide tenants with a written tenancy agreement and a copy of the 'Easy Read Notes for the Scottish Private Residential Tenancy' at the start of the tenancy. Rent increases under a PRT are restricted to once every 12 months, with landlords providing three months' notice. There are strict rules on notices to leave, which are also determined by the tribunal.

Safety Standards and Property Condition

Landlords in Moray Council must ensure their properties meet the Repairing Standard both at the start of and throughout the tenancy. This goes beyond basic safety to encompass structural integrity, water tightness, and functional utilities. Key safety certifications include an annual Gas Safety Certificate for any gas appliances, a valid Electrical Installation Condition Report (EICR) every five years, and an up-to-date Energy Performance Certificate (EPC) provided to tenants. Smoke and carbon monoxide alarms are mandatory; specific Scottish regulations require a mains-powered smoke alarm in the most used room, another in every circulation space, and a heat alarm in the kitchen. Carbon monoxide alarms are required in all rooms with a fixed combustion appliance, excluding gas cookers. Landlords must also ensure that all furniture and furnishings comply with fire safety regulations. Failure to meet these standards can lead to enforcement action by Moray Council or the First-tier Tribunal for Scotland (Housing and Property Chamber).

Deposit Protection and Other Obligations

For all Private Residential Tenancies in Moray Council, any tenancy deposit taken must be protected by a Scottish government-approved scheme within 30 working days of its receipt. There are three approved schemes: MyDeposits Scotland, SafeDeposits Scotland, and Letting Protection Service Scotland. Crucially, landlords must also provide the tenant with specific 'prescribed information' about where their deposit is held and how it can be accessed. Failure to comply with these deposit protection rules can result in penalties of up to three times the value of the deposit. Beyond deposits, landlords have a duty to keep the property wind and watertight, ensure installations for supply of water, gas and electricity are in reasonable repair, and ensure any common parts of the building are in reasonable repair. Tenants have rights to a written tenancy agreement, accurate charges, and transparent communication, all supported by the Housing (Scotland) Act 2014 and associated regulations.

Regional Differences: Scotland, England, and Wales

The legislative landscape for landlords varies significantly across the UK. In Scotland, the Private Residential Tenancy (PRT) replaced assured shorthold tenancies and operates as an open-ended tenancy with specific grounds for possession determined by the First-tier Tribunal. England, by contrast, is transitioning with the Renters' Rights Act 2025, which abolishes the assured shorthold tenancy and Section 21 'no-fault' evictions, moving towards periodic tenancies with new possession grounds. Wales operates under the Renting Homes (Wales) Act 2022, which introduced 'occupation contracts' and different rules for notice periods and possession. Northern Ireland retains assured tenancies and protected tenancies, with its own distinct landlord registration scheme and separate legislative framework. Landlords with portfolios across different UK nations must carefully navigate these distinct legal systems, as compliance requirements, from tenancy agreements to eviction procedures and licensing, differ considerably. For example, a landlord registered in Moray Council would need to undertake a separate registration if they also let a property in, for instance, Telford and Wrekin Council in England or Cardiff in Wales.