Issued under ss 13(4A) and 19B(4) of the Housing (Scotland) Act 2006, the Scottish Government has recently published guidance on mandatory electrical check requirements which came into force from 1 December 2015.

The new requirements will apply to all Scottish privately rented properties covered by the repairing standard and will require landlords to have fixed wiring electrical installation condition report checks carried out at their properties at least every five years. Though the regulations will apply to all private tenancies, the fixed wiring check requirement will be applied in stages. While landlords of tenancies entered into on or after 1 December 2015 will be required to comply with the requirements at the date of signing the tenancy, landlords of tenancies in existence prior to 1 December 2015 will only be required to comply as of 1 December 2016.

Any failure to comply with the new electrical check regulations may result in the Private Rented Housing Panel issuing a “repairing standard enforcement order” and ultimately a rent penalty. Breaching a repairing standard enforcement order could amount to a criminal offence.

The full wording of the guidance can be read on the Private Rented Housing Panel (PRHP) website.