Legislation

Tenant protection has been a high profile cause for the Scottish Executive. There are now a range of statutory standards. Landlords have to register themselves, but Cairn’s core initial and ongoing service will ensure standards are met.

Landlord Legislation

All private landlords must apply for registration to the local authority covering the area where their property is located. The local authority must be satisfied that each landlord is a fit and proper person to let property. The system will make sure that all landlords are accountable for minimum standards. It will allow tenant and neighbours to identify and contact landlords of private rented property.

https://www.landlordregistrationscotland.gov.uk

All letting agents must also be registered in a similar way and for similar reasons. If a Landlord appoints an agent, the local authority must be told. Simply provide the agent’s registration number. Cairn’s are as follows:

Glasgow
Edinburgh
North Lanarkshire
East Renfrewshire
East Dumbartonshire
West Dunbartonshire
Renfrewshire
Stirling
Dundee
South Lanarkshire
Midlothian
Scottish borders

16916/260/31320
00474/230/08080
6916/320/15231
00474/220/24561
16916/200/01280
00474/395/09451
168526/350/0800
233218/390/15591 
00474/180/26031 
16916/380/31191 
16916/290/07471 
16916/355/12011 

The Repairing Standard


The Standard

Each property must meet a minimum physical standard throughout the whole period of any lease. Primarily the property must be wind and watertight and in all other respects fit for individuals to live in. It must be connected to mains water and electricity and fixtures (internal and external), fittings and furnishings must be in a reasonable state of repair. Fire safety standards also apply. Chapter 4 of the Housing (Scotland) Act 2006 gives full information.

Implementing the Standard

If tenants feel their landlord has failed to respond to requests for a repair, they can contact the Private Rented Housing Committee. The tenant must have given the landlord notice that the repair is needed and a reasonable time to carry out the repair, which can vary depending on the nature of the repair. If the landlord fails to carry out the work, the Committee can order the landlord to do it.

For more information, try www.prhpscotland.gov.uk

Overseas Landlord Tax Exemption

If you are living outside the UK, you must apply for tax exemption on the rental income from property in the UK. Cairn are legally obliged to deduct tax from the rental income until an exemption certificate has been received. Certificates are personal and not property related, so each owner or joint owner of the property must have a separate certificate.

http://www.hmrc.gov.uk/international/nr-landlords.htm

If you are completing an NRL1 form the Cairn details you need are:

Address: 34 Gibson Street, Glasgow G12 8NX

Reference: NA036131

HMO (Houses in Mulitple Occupancy) Licence

See our specialist section on HMO properties. The Landlord and each property must each have an HMO licence, and a more detailed set of standards apply. HMO properties are larger properties let to three or more families or unconnected persons. Cairn’s service and recognised expertise ensure this more complex investment remains highly profitable.

The Scottish Executive’s own information page gives the statutory standards. Scottish Executive: A Guide for Landlords

Fire Safety


Smoke Alarms

The Housing (Scotland) Act 2004 requires adequate provision for the detection of fire. Smoke alarms – You can install tamper proof long-life lithium battery alarms or mains-wired alarms (expiry dates are required)

  • One smoke alarm installed in the room most frequently used for general daytime living purposes.
  • One smoke alarm in every circulation space on each storey, such as hallways and landings.
  • One heat alarm installed in every kitchen.

All alarms should be ceiling mounted and interlinked. There is also a requirement for carbon monoxide detectors to be fitted where there is a carbon-fuelled appliance (such as boilers, fires (including open fires), heaters and stoves) or a flue.

Electrical Appliances and Equipment (EICR & PAT)

A new duty to carry out electrical safety inspections came into force in 2015. There are two parts to the electrical safety inspection, (1, EICR) an inspection of installations, fixtures and fittings and (2, PAT) a record of testing of appliances provided by the landlord, for more information here

Furniture and Furnishings

The Furniture and Furnishings (Fire Safety) Regulations 1988 as amended provide that specified items supplied in the letting of residential property must meet minimum fire resistant standards. The regulations apply to all upholstered furniture including beds and headboards and other soft furnishings including bedding. Cairn can advise on specific items. Antiques and other older items made prior to 1950 are excluded. Cairn can work with clients on a risk assessment if necessary. Items bought from a reputable supplier since March 1990 are likely to comply. In practice, items which comply are likely to have a suitable permanent label attached. If you are in any doubt, please contact the manufacturer.

Gas Safety

The Gas Safety (Installation and Use) Regulations 1994 require that gas appliances are properly installed and maintained in a safe condition so as to avoid the risk of carbon monoxide poising. It is the responsibility of landlords to ensure that ALL gas appliances and gas installation pipe work owned by them are checked for safety at least once a year by a Gas Safe registered engineer. In addition accurate records of the safety inspections and any work carried out must be kept. The current safety record must be available for any tenant prior to taking occupation of the property as part of the Tenant Information Pack. www.gassaferegister.co.uk

Energy Performance Certificate

From January 2012, landlords must have a current Energy Performance Certificate (EPC) available to the tenant and the agent whilst a property is being marketed for rent. Each EPC is current for 10 years.

Water Safety

The Health and Safety Executive has issued new Legionnaires’ disease guidelines, which will apply to hot water systems in private residential properties. Responsibility will lie with landlords. For more information, please look at http://www.hse.gov.uk/legionnaires

Deposits

Tenancy Deposit Schemes (Scotland) Regulations 2011 brought into practice guidelines laid down in the Housing (Scotland) Act 2006 to ensure deposits are held, administered and returned fairly. All landlords must now put rent deposits into a recognised third party trust scheme. Cairn uses Safedeposits Scotland.

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