- Enforced by
- Local Authority, UK Government
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Imprisonment 5 of 77 obligations carry a fine up to £1,000. 8 carry different penalties and 64 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 43 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2340 other Acts
Landlord — also bound by 224 other Acts
Applicant — also bound by 307 other Acts
Director or Officer — also bound by 429 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Housing standards
32 of 79 sections shownOther duties (1) — Crown / regulator
- Local Authority must follow specific procedures when designating an HRALocal authority
Other duties (1) — Crown / regulator
- Local Authority must create and publish HRA action plans for housing improvementLocal authority
Other duties (1) — Crown / regulator
- Local Authority must consult and notify regarding HRA order variationsLocal authority
Other duties (1) — Crown / regulator
- Local Authority must revoke Housing Renewal Area designations and notifyLocal authority
Other duties (1) — Crown / regulator
- Local authorities must follow Scottish Ministers' directions on housing renewalLocal authority
Other duties (1) — Crown / regulator
- Local authorities must provide public access to HRA designation ordersLocal authority
Other duties (1) — Crown / regulator
- Local authority must implement HRA action plans and update ownersLocal authority
Other duties (1) — Crown / regulator
- Local Authority must rehouse residents displaced by HRA action plansLocal authority
- Check if your Scottish tenancy must meet the Repairing StandardLandlord
- Ensure rental properties meet and maintain the repairing standardLandlord
- Maintain common parts of flats to the Repairing StandardLandlord
- Inspect property and notify tenant before tenancy startsLandlord
- Ensure regular electrical safety inspections for rental propertiesLandlord
- Ensure electrical inspections are conducted and recorded by a competent personLandlord
- Provide tenants with written information about their rightsLandlord
Other duties (1) — Crown / regulator
- Tribunal must notify local authority of repairing standard applicationsTribunal / Court
Other duties (1) — Crown / regulator
- Tribunal must determine if a landlord has met the repairing standardTribunal / Court
Other duties (1) — Crown / regulator
- Tribunal must decide if a landlord complied with an enforcement orderTribunal / Court
- Fail to comply with repairing standard orderLandlord
Fine up to £1,000
Other duties (1) — Crown / regulator
- Tribunal must arrange and notify a suitable time for landlord property accessTribunal / Court
Other duties (1) — Crown / regulator
- Local Authority may issue a work notice for sub-standard housingLocal authority
Other duties (1) — Crown / regulator
- Local Authority may suspend or lift work notices for health reasonsLocal authority
Other duties (1) — Crown / regulator
- Local Authority must notify you if a work notice is cancelledLocal authority
Other duties (1) — Crown / regulator
- Local Authority may require demolition of serious disrepair housingLocal authority
Other duties (1) — Crown / regulator
- Local Authority may extend deadlines for work or demolition noticesLocal authority
Other duties (1) — Crown / regulator
- Local Authority must issue evacuation notices for dangerous worksLocal authority
- Occupy premises after evacuation requirementAny Person
- Ensure maintenance plans contain required technical and financial detailsLandlord
- Implement house maintenance plansLandlord
- Respond to tenant requests for disability or energy efficiency adaptationsLandlord
- Consider disabled tenants' adaptation requests and decide reasonablyLandlord
- Fail to comply with obstruction orderAny Person
Fine up to £1,000
47 other sections in this Part — procedural and definitional
Scheme of assistance for housing purposes
6 of 27 sections shownOther duties (1) — Crown / regulator
- Local Authority must publish guidance on housing assistance criteriaLocal authority
Other duties (1) — Crown / regulator
- Local Authority must notify you of housing grant or loan decisionsLocal authority
- Comply with usage and repair conditions after receiving housing grantsLandlord
- Repay grants or loans with interest if funding conditions are breachedApplicant
Other duties (1) — Crown / regulator
- Local Authority must limit repeat grants and loans for the same workLocal authority
- Submit false grant/loan application or fail to notify changesAny Person
Fine up to £1,000
21 other sections in this Part — procedural and definitional
Provision of information on sale of house
22 of 22 sections shown- Possess required documents before marketing a houseAny Person
- Provide home information documents to potential buyers upon requestAny Person
- Possess home reports before starting pre-market activitiesAny Person
- Ensure Home Report documents provided to buyers are authenticAny Person
- Direct potential buyers to your agent for property marketing documentsLandlord
Other duties (1) — Crown / regulator
- Local authorities must enforce housing information and sale requirementsLocal authority
- Produce house-related documents for inspection upon requestAny Person
- Obstruct or impersonate an enforcement officerAny Person
Unlimited fine · amended 1 time (opens in a new tab)
Other duties (1) — Crown / regulator
- Local Authority must notify national regulators of agent breaches or penaltiesLocal authority
Tenancy deposits
4 of 4 sections shownLicensing of houses in multiple occupation
45 of 45 sections shownamended 1 time
Other duties (1) — Crown / regulator
- Local Authority must refuse HMO licences for unsuitable applicants or agentsLocal authority
amended 3 times
- Carry out safety or security works required by a temporary exemption orderLandlord
Other duties (1) — Crown / regulator
- Local Authority may stop rent payments for unlicensed or unsafe HMOsLocal authority
Other duties (1) — Crown / regulator
- Local Authority must consider specific standards before issuing HMO noticesLocal authority
Other duties (1) — Crown / regulator
- Local Authority may revoke an HMO amenity noticeLocal authority
Other duties (1) — Crown / regulator
- Local authority may extend the deadline for HMO amenity worksLocal authority
- Obstruct another person from carrying out housing dutiesAny Person
Fine up to £1,000 · amended 2 times (opens in a new tab)
- Fail to obtain required HMO licenceAny Person
Fine up to £50,000 · amended 1 time (opens in a new tab)
Other duties (1) — Crown / regulator
- Sheriff and Sheriff Principal must determine HMO licensing appealsTribunal / Court
Other duties (1) — Crown / regulator
- Local Authority must maintain a public register of HMO licencesLocal authority
Other duties (1) — Crown / regulator
- Local Authority must notify agents of HMO licensing noticesLocal authority
Mobile homes
5 of 5 sections shown- Harass or unlawfully evict caravan site occupierAny Person
6 months imprisonment · amended 1 time (opens in a new tab)
Repayment charges
5 of 5 sections shownamended 15 times
amended 1 time
Miscellaneous
6 of 6 sections shownOther duties (1) — Crown / regulator
- Scottish Ministers may direct RSLs to delegate housing managementCrown / Minister / Government department
Rights of entry
4 of 4 sections shownOther duties (1) — Crown / regulator
- Local Authority may enter premises for inspections and enforcementLocal authority
- Prevent or obstruct entry authorised by a warrantAny Person
Fine up to £1,000 · amended 2 times (opens in a new tab)
General and supplementary
9 of 11 sections shownOther duties (1) — Crown / regulator
- Scottish Ministers and local authorities must promote equal opportunitiesCrown / Minister / Government department
- Fail to provide or give false information to local authorityAny Person
Fine up to £500 · amended 1 time (opens in a new tab)
- Personal liability for company housing offencesDirector or Officer
Unlimited fine · amended 1 time (opens in a new tab)
2 other sections in this Part — procedural and definitional
Schedules
12 of 68 shownOther duties (1) — Crown / regulator
- Tribunal must notify landlords of applications and set response deadlinesTribunal / Court
- Occupy premises after a compulsory evacuation noticeAny Person
Other duties (1) — Crown / regulator
- Local Authority must consult and notify before designating Housing Renewal AreasLocal authority
Other duties (1) — Crown / regulator
- Local authority must give notice of proposed Housing Renewal AreaLocal authority
Other duties (1) — Crown / regulator
- Local authority must notify owners, occupiers, and public about HRA designation ordersLocal authority
Other duties (1) — Crown / regulator
- Tribunal must notify you of application details and set a deadline for your responseTribunal / Court
Other duties (1) — Crown / regulator
- Tribunal must consult Scottish Fire and Rescue on repair standard casesTribunal / Court
- Display HMO application notice for 21 days and certify complianceApplicant
Other duties (1) — Crown / regulator
- Council must waive HMO neighbour notification if access rights lacking or safety at riskLocal authority
Other duties (1) — Crown / regulator
- Council must consider all submissions before deciding on an HMO licenceLocal authority
- Knowingly occupy or allow occupation of restricted premisesAny Person
Other duties (1) — Crown / regulator
- Local authority must keep records of HMO amenity noticesLocal authority
56 other schedules
Help complying
Guvnor’s practical routes through this instrument.
Starting a short-term lets business in Scotland
Learning path for new short-term let operators in Scotland covering mandatory licensing, control areas, planning permission, and the Edinburgh visitor levy.
Scotland Airbnb compliance checklist
Quick compliance checklist for short-term let hosts in Scotland covering STL licence requirements, safety conditions, and control area rules.
Fix Scottish licence renewal problems
Troubleshooting guide for Scottish alcohol licence and short-term let licence renewal and compliance issues, including lapsed licences, missed deadlines, and enforcement action.
2 more guides that reference this instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.