Property letting has changed considerably in the last 5-10 years, in this time the government has put into place many new regulations that must be adhered to. This is to protect both landlords and tenants alike. Before a homeowner can become a landlord, there are different regulations and legalities to which some we have provided links to below:
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
- There is satisfactory provision of smoke alarms
Information on Electrical safety
All electrical installations and equipment in tenanted premises must be safe. There is no statutory obligation to have professional checks carried out, however you should make a visual check to ensure that all electrical fittings, equipment and leads appear completely safe and undamaged, and arrange for a qualified electrician to rectify any faults which are discovered.
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 after the 4th January 2009. This must be made available to prospective tenants from the date the property is marketed for letting.
Information on gas safety
Who has to Register?
Anyone who owns residential property in Scotland which is let must apply to register with the local authority for the area where the property is located. It is the owner of the property who must register. In some cases this may not be the “landlord” who has the letting agreement with the occupier.