Important Information for Landlords
The Repairing Standard
Since 3 September 2007, a new Repairing Standard has come into force under the Housing (Scotland) Act 2006. This applies to most private rented sector tenancies and means that you must ensure that:
- the property is wind and water tight and reasonably fit for human habitation;
- the structure and exterior of the house are in reasonable repair and 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 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; and
- there is satisfactory provision for detecting and giving warning of fires.
As a landlord you need to check before the start of a tenancy that the property meets the requirements. If it does not, you need to arrange for appropriate repairs to be carried out.
You also need to inform your tenants about the Repairing Standard at the start of each tenancy. If a tenant informs you of a problem with the property, or you become aware of this in some other way, then you should carry out the repairs required to meet the standard as soon as possible.
If your tenant has notified you about the need for repairs, but you have not carried out the necessary repairs within a reasonable time, they can choose to refer the matter to the Private Rented Housing Panel ( PRHP). If members of the PRHP think that you are not meeting your legal obligations, they have the power to issue a Repairing Standard Enforcement Order to make you do the work. It is a criminal offence to ignore an Order if you get one.
Further information about the Repairing Standard and copies of the Advice Pack for Landlords are available on the PRHP website at www.prhpscotland.gov.uk.
Landlord Registration
Since 30 April 2006, all private landlords in Scotland are required to register with the local authority (or authorities) where they are or will be renting out property. It is a criminal offence to rent out your property without having submitted a valid application for registration.
Your registration will be valid for three years from the date the local authority approves your application. After three years, you will be required to apply to renew your registration.
To register your property, please contact your local authority or register it online at www.betterrentingscotland.com. There is a 10% discount for applying online! The cost of registering as a Landlord is £55. An additional 20% of this fee is payable for each property that you register thereafter.
The Gas Safety (Installation & Use) Regulations 1996
As a landlord it is your duty to ensure that:
- Gas fittings (appliances, pipework) and flues are maintained in a safe condition
- All installation, maintenance and safety checks are carried out by a CORGI-registered gas installer
- All installation, maintenance and safety checks are carried out by a CORGI-registered gas installer
- A record of each safety check is kept for two years
A copy of the current safety check record, which can be either a CORGI Landlord's Gas Safety Record or something similar, is issued to each existing tenant within 28 days of the check being completed, or to any new tenant before they move.
The Furniture & Furnishings (Fire) (Safety) Regulations 1988
These regulations set new levels of fire resistance for domestic upholstered furniture, furnishings and other products containing upholstery. The regulations include sensible measures to improve the fire safety of materials used in their construction.
Effective 1st March 1993, landlords letting residential property will be expected to ensure that any soft furniture complies with the regulations. The main provisions are:
- upholstered articles (i.e. beds, sofas, armchairs etc.) must have fire resistant filling material
- upholstered articles must have passed a match resistance test or, if of certain kinds (such as cotton or silk) be used with a fire resistant interliner.
- the combination of the cover fabric and the filling material must have passed a cigarette resistance test.
The regulations apply to:
- Beds, headboards of beds and mattresses
- Sofa-beds, futons and other convertibles
- Nursery furniture
- Garden furniture which is suitable for use in dwelling
- Scatter cushions and seat pads
- Pillows
- Loose and stretch covers for furniture
- Extra or replacement furniture purchased for rented accommodation
