Legal and safety implications to consider when preparing to let your property.
Should you wish to discuss this further please contact us and we will be happy to arrange for an agent to meet you at the property for an in depth property appraisal.
Private Landlord Registration
In accordance with the Antisocial Behaviour etc. (Scotland) Act 2004), all private landlords letting properties in Scotland must have applied for registration in the register of landlords with their local authority. You must prove to be a ‘fit and proper landlord’ in order for your application to be successful. Further information can be requested from our office or can be found online at www.landlordregistrationscotland.gov.uk
Repairing Standards
Chapter 4 of Part 1 of the Housing (Scotland Act) 2006 will apply to the tenancy between landlord and tenant. The landlord must ensure that the House meets the Repairing Standard at the start of, and at all times during, the tenancy.
In order for a house to meet the Repairing Standard, it must meet the following conditions:
- the house is wind and water tight and reasonably fit for human habitation
- the structure and exterior of the house (including drains, gutters and external pipes) are in reasonable repair and proper working
- the installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in reasonable repair and proper working order
- any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and proper working order
- any furnishings provided under the tenancy are capable of being used safely for the purpose for which they are designed
- the property must have a satisfactory way of detecting fires and for giving warning in the event of a fire or suspected fire;
- the property must have satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health.
- the property must meet the statutory Tolerable Standard.
Important Safety Regulations
It is a legal requirement that furniture and appliances provided by the landlord in a let property comply with the following safety regulations:
Gas Safety (Installation and Use) Regulations 1994 (Amended 1996)
All gas appliances and installations in tenanted premises must be checked and certified as safe at intervals of not more than 12 months, by a Gas Safe registered engineer. A valid safety certificate must be issued, a copy of which should be displayed in the property. Records must be kept of the dates of inspections, defects identified, and of any remedial action taken.
Electrical Equipment (Safety) Regulations 1994
Private landlords in Scotland are required by sections 19A and 19B of the Housing (Scotland) Act 2006 to ensure that the installations in the house for the supply of electricity and electrical fixtures and fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order. This can be done by carrying out an EICR (Electrical Installation Condition Report).
Plugs and Sockets etc. (Safety) Regulations 1994
The Housing (Scotland) Act 2006 is the main legislation for landlords in Scotland. From 1st December 2015 landlords are required under sections 13(4A) and 19B(4) of the Housing (Scotland) Act 2006 to ensure that regular electrical safety inspections are carried out by a competent person. Compliance with this legislation can be met by carrying out annual PAT (Portable Appliance Test).
The Fire & Furnishings (Safety) Regulations 1988 (Amended 1989 & 1993)
Specified items supplied in the course of letting property must meet minimum fire resistant standards. The regulations apply to all upholstered furniture and furnishings including beds, headboards and mattresses, sofa-beds, pillows etc… They do not apply to antique furniture or furniture made before 1950, bed clothes, loose covers for mattresses, pillowcases, curtains, carpets or sleeping bags. Most items which comply will have a suitable permanent label attached, however if you are in any doubt please check with the manufacturer.
The Energy Performance of Building (Scotland) Regulations 2008
In order to comply with this legislation, any residential property will require an Energy Performance Certificate (EPC) in place at the point of the first letting of the property. This must be made available to prospective tenants from the date the property is marketed for letting.
Smoke Alarms
In accordance with the Repairing Standards, all properties should have a satisfactory provision of smoke alarms. Depending on the size and layout of the property, there should normally one smoke alarm in the living room or room you use most, one smoke alarm in every hallway or landing, and one heat alarm in the kitchen. All alarms should be mains-powered and interlinked. We are happy to inspect the property for you and arrange for the necessary safety checks to be carried out to ensure your property is safety compliant and, in a condition to be let.
Legionella Risk Assessment
The landlord must take all reasonable steps to reduce the risk of the presence of legionella bacteria in cold or hot water systems.
Houses Of Multiple Occupancy (HMO’s)
There is legislation relating to properties occupied by 3 or more unrelated persons which requires that the property have an HMO Licence granted by the local authority before it may be let. In order for the property to be granted an HMO Licence it will have to meet further safety requirements to those detailed above. We will provide advice on the implications of these regulations for your property, if it is your intention to let it on such a basis.
