Guidance on Landlord Legislation
We have summarised current legislation relating to rented property in Scotland below and would be happy to arrange for any of the compliance requirements to be put in place for your property. Just call Pauline for further information.
Private Residential Tenancy (PRT)
All residential tenancies created after 1st December 2017 will be known as a Private Residential Tenancy, removing the existence of the previous Short Assured Tenancy. Any individuals taking on a tenancy as their main residence will now enter into a PRT between them and the Landlord. The new style of lease is designed to reduce the complicated paperwork involved in the previous SAT and to provide more safeguards for tenants and landlords alike.
Any property owner in Scotland seeking to let out their property must submit an application with Landlord Registration Scotland. Their property can be marketed whilst the application is pending and the registration requires to be renewed every 3 years for each owner.
Energy Performance Certificates – EPC
Before you advertise your property to let you must also obtain an Energy Performance Certificate “EPC”. This must be displayed in the property prior to marketing and remain in-situ although it’s quite acceptable for it to be hung up inside a cupboard. These certificates last for ten years and if you have a home report for your property then an EPC will be contained within that report and can be utilised within the rented property.
Gas Testing and safety provisions
Landlords must have a Landlord gas safety inspection report carried out prior to leasing a property. This must be obtained from a ‘Gas Safe’ registered plumbing engineer and the certificate requires annual replacement. Once your appliances have been checked and found safe the engineer will issue a Landlord’s copy of the certificate and one for the tenants which should be kept in the property. In addition a Carbon Monoxide detector must be installed when a new gas appliance is fitted including replacement boilers.
The Housing (Scotland) Act 2014 require all Landlords to have a fixed wiring (Electrical Installation Condition Report – EICR) checks carried out on their rental properties every 5 years (or less if indicated by the electrician). This applies to all new tenancies entered into after 1st December 2015 and will now include all existing tenancies from 1st December 2016.
The new EICR must also include an appliance check report (PAT), which is required to be provided by the Landlord on all appliances provided within the tenancy. Anything with a movable and fitted plug should be included on the PAT check. The Act advises that PAT checks are carried out frequently, although it is only mandatory for them to be carried out at lease every five years, or more if advised by the electrician. Our Agency recommends to all our clients that we continue to carry out PAT checks annually to ensure the safety of our tenants.
An EICR may highlight risks within the property and if this is the case these risks would have to be attended to in accordance with the electrician’s advice to ensure that the property can be tenanted under the Repairing Standards, as noted below.
Legionella Risk Assessment
A risk assessment must be carried out on all property that is let and regularly reviewed. It must be compiled by a ‘competent person’ with the necessary specialist knowledge and action taken where commended to ensure compliance with the legislation .
All upholstered furniture must meet current regulatory requirements. These detail how quickly an item will ignite in the event of a fire. Furniture affected includes, curtains, bed bases, headboards, cushions, pillows, duvets and loose covers.
Any furniture purchased or reupholstered after 1990 will comply with current legislation and will have a permanent label attached to it stating ‘Carelessness causes fire’.
Smoke and Heat Safety Provisions
Mains wired smoke detectors must be installed in any property made available for rent. Generally there must be one per floor, one per room that is frequently used by the occupant for general daytime living purposes, one for each circulation space ie halls and landings, one heat alarm in the kitchen and they should all be interlinked. However additional provision may be required in larger properties and it should be noted that mains wired smoke detectors may require Building Warrant.
In addition a fire blanket should be installed in the kitchen area.
Further information will be provided where necessary once we have inspected your property.
The Repairing Standard 2006
Rented property must meet the repairing standard. A house meets this standard if:
- the house is wind and watertight and in all other respects fit for human occupation.
- 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.
- 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.
- any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order.
- any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed
- the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire.
HMO’s Houses in Multiple Occupation
Further information available on request.