This service is managed by Housing and Homelessness
Landlords
Whether you are new to letting property or already managing a tenancy, this page covers your key responsibilities as a private landlord in Orkney.
The information here is a general guide and not a precise statement of the law. If you need specific advice, contact us.
Related resources
Becoming a landlord
Before you advertise a property for rent, consider the following:
- Is the property in a good state of repair? Have you carried out a full inspection and are you satisfied that all necessary repairs have been done?
- Has an electrical check been carried out, including any equipment you are providing for tenants such as a cooker?
- Are you aware of your legal responsibilities, including the type of tenancy you can offer and how to end it if required?
- If the property is mortgaged, do you have permission from your lender? Do you have permission from your insurer?
- Have you registered as a landlord with us?
If the answer to any of these questions is no, take steps to address this before advertising.
You must include your landlord registration number and the property's Energy Performance Certificate (EPC) rating in any advertisement. If your application has been submitted but not yet approved, your advert should state "landlord registration pending".
Finding tenants
You can advertise your property in local newspapers, on social media, or by placing cards in local shop windows. You may also choose to use a solicitor or letting agent to advertise, draw up a tenancy agreement, or manage the property on your behalf.
Related resources
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Checklist for landlords
This document contains a step-by-step checklist for landlords to help them manage properties smoothly from start to finish. It covers essential tasks like registering as a landlord, carrying out safety checks, sorting out tenancy agreements and handling deposits within 30 working days. It also guides you through moving tenants in, conducting property visits, dealing with inventories and eventually ending a tenancy when the time comes.
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Landlord registration
All private landlords letting residential property in Scotland must register with their local authority. It is an offence to let a property without being registered or having applied for registration.
Registration helps ensure that all private landlords are fit and proper to let residential property. It allows us to remove disreputable landlords from the market, protect tenants, and protect communities from antisocial behaviour and poorly managed property.
Do I need to register?
Do I need to register?
You must register if you are a private landlord letting residential property in Scotland, unless all the properties you let are covered by one of the exemptions below.
- If you hold an HMO licence, you and your properties should already be on the register, but you must still register any non-HMO properties and pay the relevant fee.
- If you are an agent managing private rented property, you are not legally required to register, but you are encouraged to do so. The landlord whose properties you manage must list you on their application, and we will check that you are fit and proper to act as an agent.
How do I register?
How do I register?
You can register online through the Landlord Registration Scotland website, or complete a paper application form. If you let properties in more than one local authority area, you can apply online to all authorities in one transaction at a reduced total fee.
What information will I need?
What information will I need?
- Your name, address, date of birth and any other names you use or have used
- The addresses of all properties you let that are not exempt
- The name and address of any agent you use
- A contact address for queries about the property
- Information on any relevant convictions or court or tribunal judgements
- A declaration that you comply with all relevant laws when letting property
What does "fit and proper" mean?
What does "fit and proper" mean?
To be registered, you must be fit and proper to let residential property. We will consider any relevant information, including evidence of offences involving fraud, dishonesty, violence, drugs or sexual matters; unlawful discrimination; breaches of housing and letting law; failure to act on antisocial behaviour; breaches of the Repairing Standard; and failure to pay communal repair costs.
If we decide you are not fit and proper, you will not be allowed to register, though we may advise you on how to address the issues. You have the right of appeal.
Members of the public can search the register online by name or by property address.
How much does it cost?
How much does it cost?
For 2026/27:
- Principal fee (per landlord): £85
- Additional fee (per property): £20
- Late renewal penalty: £170 (added automatically if you do not renew before your registration expires)
Discounts apply for:
- Landlords with properties in more than one local authority area (50% discount on the principal fee)
- Joint owners (lead owner pays the principal fee; joint owner pays no fee)
- Landlords with an HMO licence (exempt from principal fee; £20 per non-HMO property still applies)
- Scottish charities (100% discount)
How long does registration last?
How long does registration last?
Registration lasts for three years. You must apply to renew before it expires or a penalty fee will be added. You must also notify us as soon as possible if any of your details change during the registration period, including your list of properties or agents. It is an offence not to notify us if you appoint an agent. The maximum penalty for this offence is £50,000.
Related resources
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Fee structure information sheet
This document contains Orkney Islands Council’s private landlord registration fees, including an £85 principal fee and a £20 property fee, although the explanatory text refers to £19 per property. It explains extra fees for unregistered agents and discounts for joint owners, House in Multiple Occupation licence holders, charities and landlords registering with more than one council. Payment methods and locations are listed, with the fees taking effect from 9am on 1 April 2026.
Please be aware that this summary has been generated using AI.
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Appeal process refused or revoked leaflet
This document contains information on appealing a decision to refuse or revoke a private landlord registration application. It explains that decisions consider whether a landlord is fit and proper, including evidence of fraud, violence, discrimination, housing law breaches or antisocial behaviour. Appeals to the Head of Community Learning, Leisure and Housing must be made in writing within 21 days; further appeals may be made to the Sheriff Court and Sheriff Principal. It also provides contact details for Orkney Islands Council and Citizens Advice.
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Landlord Registration Scotland(opens in new tab)
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Letting Agent Registration(opens in new tab)
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Energy Performance Certificates(opens in new tab)
Tenancy agreements
You have a legal obligation to provide your tenant with a written tenancy agreement that accurately outlines the terms and conditions of the tenancy. Since 1 December 2017, most new private tenancies are private residential tenancies. The Scottish Government has developed an online model tenancy agreement for this type of tenancy.
The agreement must include at minimum:
- The amount of rent payable
- Who the agreement is between
- The start date of the tenancy (no end date is required for a private residential tenancy)
- The property being let
A good tenancy agreement should also cover when and how rent is payable, what is included in the rent, deposit arrangements, sub-letting and lodger permissions, responsibility for interior decoration, and how the tenancy can be ended.
You may wish to include additional clauses, for example on antisocial behaviour, pets, or smoking. However, certain conditions are set by law and cannot be overridden. For example, the minimum notice period is 28 days regardless of what the agreement states.
You cannot charge your tenant for providing a tenancy agreement, and you cannot charge key money. Both are illegal.
For tenancies created before 1 December 2017, assured and short assured tenancies still apply. Contact our Homelessness and Advice Section if you need advice on managing these.
Related resources
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Notice to quit
This document contains a sample Notice to Quit for assured and short assured tenancies. It explains which other notices may be needed, what details to add, and how to serve the notice. It also states that a landlord must obtain a court order before lawfully evicting a tenant and gives information about tenancy changes and sources of legal or housing advice.
Please be aware that this summary has been generated using AI.
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Notice to quit guidance notes
This document contains guidance on completing and serving a notice to quit for assured and short assured tenancies in Scotland. It explains the information needed for a valid notice, minimum notice periods, and why a court order is still needed before a tenant can be evicted. It also outlines additional forms and notice periods needed to end these tenancies, and advises landlords to seek legal or council guidance because the process is complicated.
Please be aware that this summary has been generated using AI.
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AT6 assured tenancy
This document contains an AT6 notice telling a tenant that their landlord plans to ask the sheriff for an order to take back the home. It includes spaces for the tenant, property, landlord, legal grounds, reasons, earliest court date and signatures. It explains the required notice periods, when the notice expires and that the landlord must serve a notice to quit, serve the AT6 and obtain a court order before the tenant must leave. Tenants are advised to seek legal or housing advice if they are unsure or wish to challenge it.
Please be aware that this summary has been generated using AI.
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AT6 guidance notes
This document contains guidance for landlords using Notice AT6 under the Housing (Scotland) Act 1988 to seek possession of a property with an assured tenancy. It explains the required steps, mandatory and discretionary grounds, notice periods, short assured tenancies and how to serve the notice. It also warns that eviction without a court order is a criminal offence and explains the notice’s lifespan and where to get further advice.
Please be aware that this summary has been generated using AI.
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Section 33
This document contains a formal notice for a landlord seeking possession of a property when a short assured tenancy ends. It sets out the tenant, property, landlord, tenancy and required leaving dates, and includes space for the landlord or agent’s signature and the date.
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Section 33 guidance notes
This document contains guidance on using a Section 33 notice to recover possession of a property let under a short assured tenancy, without needing to give specific grounds. At least two months’ notice must be given, and a Notice to Quit and Form AT6 must also be served on the tenant. Sample notices and further guidance are available from the Council’s website.
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Scottish Government: Private Residential Tenancy Model Agreement(opens in new tab)
Rent deposits
You can ask your tenant to pay a deposit before they move in, up to a maximum of two months' rent. All deposits must be protected in a national tenancy deposit scheme. Make clear to your tenant before the tenancy starts what could be deducted from the deposit, and ensure you have a detailed inventory and dated photographs before they move in. Nothing can be deducted for reasonable wear and tear.
When the tenancy ends, you must notify us if any part of the deposit is due to be retained for damages, as the deposit may have been paid through our rent deposit scheme.
Please note that you cannot charge key money or charge for providing a tenancy agreement. These charges are illegal.
Related resources
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Rent deposit leaflet
This document contains information about Orkney Islands Council’s rent deposit scheme, which helps eligible people on low incomes rent private accommodation. It explains who can qualify, including people with a local connection to Orkney who receive benefits or can’t afford a deposit, and how the deposit is repaid over up to 12 months. It also covers the requirements for tenants and landlords, timescales, inspections, tenancy endings and sources of housing advice.
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Scottish Government: Tenancy Deposits(opens in new tab)
Property repairs
As a landlord, you are responsible for ensuring your property meets the Repairing Standard throughout the tenancy. This means the property must:
- Be wind and watertight and reasonably fit for human habitation
- Have its structure and exterior, including drains, gutters and external pipes, in reasonable repair
- Have working installations for water, gas, electricity, sanitation, space heating and water heating
- Have working fixtures, fittings and appliances provided under the tenancy
- Have furnishings that can be used safely
- Have working, interlinked, mains-wired smoke alarms (at least one per floor)
- Have a carbon monoxide detector
You must inspect the property before a tenancy starts to identify any work needed. If repairs cannot be completed before the tenant moves in, you must give them written details of the work to be done and when it will happen.
Once the tenancy has started, you are only required to carry out repairs you are aware of. Your tenant is responsible for reporting repairs promptly and must give you reasonable access to carry them out.
If your property fails to meet the Repairing Standard, your tenant has the right to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). The Tribunal can require you to carry out repairs and may reduce the rent by up to 90% until the work is complete.
Access for repairs
You must give your tenant at least 48 hours' written notice before entering the property to carry out an inspection or repairs, unless it is an emergency. You must not use retained keys to enter the property without the tenant's permission, except in an emergency. Entering the property more than is necessary without notice may be considered harassment.
Gas safety
Mains gas is not available in Orkney, but many properties use bottled gas appliances. You must have all gas appliances checked for safety once a year by a contractor registered with the Gas Safe Register (formerly CORGI). Keep a record of these checks and give a copy to your tenant.
Negotiable repairs
Some repairs, such as internal decoration, can be negotiated with your tenant. This should be clearly set out in the tenancy agreement.
Related resources
Local Housing Allowance
Tenants on a low income or claiming benefits may be entitled to help with their rent through Local Housing Allowance (LHA). LHA is paid either directly to your tenant every two weeks in arrears, or directly to you every four weeks in arrears, depending on what your tenant has requested.
If your tenant is 8 weeks or more in rent arrears, you can request that payments are made directly to you. For further information, contact:
Rent arrears
If your tenant falls into arrears, contact us. In many cases, early intervention can prevent the situation escalating to legal action.
If you need to take legal action for rent arrears, you will need to follow the correct eviction process. See the Evictions section below.
Evictions
The process for ending a tenancy depends on the type of tenancy.
Private Residential Tenancy (from 1 December 2017)
To end a private residential tenancy, you must have valid grounds. There are 18 grounds in total: 8 are mandatory (the Tribunal must grant an eviction order if the ground is found to exist), 8 are discretionary (the Tribunal decides whether it is reasonable to grant possession), and 2 are part mandatory and part discretionary.
Once you have identified the ground(s) you intend to use, you must serve a Notice to Leave on your tenant. The notice period depends on which grounds you are using and how long the tenancy has been running:
- At least 28 days if the tenancy has been running for 6 months or less, and you are only using certain grounds
- At least 84 days in all other cases
If you are serving notice by recorded delivery or email, add an extra 2 days to the notice period to allow for delivery.
After the notice period expires, if the tenant has not left, you must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.
Assured tenancy (before 1 December 2017)
To end an assured tenancy, you must have valid grounds and serve the following notices:
- Notice to Quit (minimum 4 weeks' notice, or longer depending on the length of the tenancy)
- AT6 (Notice of Proceedings for Possession)
Short assured tenancy (before 1 December 2017)
You can end a short assured tenancy at the end of the agreed term by serving:
- Notice to Quit (minimum 40 days' notice)
- Section 33 notice (minimum 2 months' notice)
- AT6 (minimum 2 months' notice)
The procedure for ending a tenancy is complex. You are strongly advised to seek legal advice before proceeding.
Related resources
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Notice to quit
This document contains a sample Notice to Quit for assured and short assured tenancies. It explains which other notices may be needed, what details to add, and how to serve the notice. It also states that a landlord must obtain a court order before lawfully evicting a tenant and gives information about tenancy changes and sources of legal or housing advice.
Please be aware that this summary has been generated using AI.
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Notice to quit guidance notes
This document contains guidance on completing and serving a notice to quit for assured and short assured tenancies in Scotland. It explains the information needed for a valid notice, minimum notice periods, and why a court order is still needed before a tenant can be evicted. It also outlines additional forms and notice periods needed to end these tenancies, and advises landlords to seek legal or council guidance because the process is complicated.
Please be aware that this summary has been generated using AI.
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AT6 assured tenancy
This document contains an AT6 notice telling a tenant that their landlord plans to ask the sheriff for an order to take back the home. It includes spaces for the tenant, property, landlord, legal grounds, reasons, earliest court date and signatures. It explains the required notice periods, when the notice expires and that the landlord must serve a notice to quit, serve the AT6 and obtain a court order before the tenant must leave. Tenants are advised to seek legal or housing advice if they are unsure or wish to challenge it.
Please be aware that this summary has been generated using AI.
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AT6 guidance notes
This document contains guidance for landlords using Notice AT6 under the Housing (Scotland) Act 1988 to seek possession of a property with an assured tenancy. It explains the required steps, mandatory and discretionary grounds, notice periods, short assured tenancies and how to serve the notice. It also warns that eviction without a court order is a criminal offence and explains the notice’s lifespan and where to get further advice.
Please be aware that this summary has been generated using AI.
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Section 33
This document contains a formal notice for a landlord seeking possession of a property when a short assured tenancy ends. It sets out the tenant, property, landlord, tenancy and required leaving dates, and includes space for the landlord or agent’s signature and the date.
Please be aware that this summary has been generated using AI.
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Section 33 guidance notes
This document contains guidance on using a Section 33 notice to recover possession of a property let under a short assured tenancy, without needing to give specific grounds. At least two months’ notice must be given, and a Notice to Quit and Form AT6 must also be served on the tenant. Sample notices and further guidance are available from the Council’s website.
Please be aware that this summary has been generated using AI.
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First-tier Tribunal for Scotland: Housing and Property Chamber(opens in new tab)
Tax
If you let a residential property, you may have tax obligations. Further information for individual landlords on bringing tax affairs up to date is available from HM Revenue and Customs.