Information for Landlords

The Private Housing (Tenancies) Scotland Act 2016 took effect from 1^st December 2017 and introduced a new type of tenancy known as a ‘Private Residential Tenancy’ (‘PRT’). Now, leases have no fixed period which binds both parties to a minimum term. This means there is no end date to a lease, allowing the tenancy to be terminated at any point by the landlord and or tenant as long as obligatory notice periods are adhered to.

In terms of the Housing Scotland Act 2004, it has been law since April 2007 that all deposits collected must be protected. Tenancy deposit protection schemes ensure that if the landlord and tenant dispute the deposit repayment amount at the end of tenancy then it will be resolved by the dispute resolution service. Rollos use Safe Deposits Scotland.

Under the Civic Government (Scotland) Act 1982 (licensing of houses in Multiple Occupation) Order 2000 a mandatory licensing system has been set up by local authorities for households in Multiple Occupancy (“HMO”). The primary reason for the introduction of mandatory licensing is to increase the protection that is given to tenants in such establishments by ensuring that the accommodation is both safe and of good quality. We carry out monthly safety checks ensuring that they are being maintained to licensing law standards.

The Gas Safety (Installation and Use) Regulations 1988 stipulate that all gas appliances must be inspected annually by a Gas Safety registered engineer. A valid Gas Safety Record must be issued each time and updated every twelve months. Non- compliance is a criminal offence with serious penalties.

The Electrical Equipment (Safety) Regulations 1994 require that electrical equipment, including wiring, is safe. A Portable Appliance Test (or more detailed full electrical inspection, if necessary) should be carried out regularly and all electrical testing must be conducted by a qualified and registered engineer.

It’s the law that as a landlord you must give the tenant a written tenancy agreement. There are nine tenancy terms which must be included in the tenancy agreement by law.

Supporting Notes are given to help the tenant understand those terms. These notes will be given to the tenant when they receive a copy of the tenancy agreement.

If you’re letting a property, the law requires you to provide an Energy Performance Certificate to prospective tenants. This must be assessed at an E grade or higher to be listed with Rollos.

An EPC is a legal requirement for any new tenancies and details the energy performance of a property. Your local Rollos Property Letting Branch is able to advise you on the cost of an EPC and will be happy to arrange it for you.

All properties let after 1^st October 2015 are required by law to have a smoke alarm on each floor of the property. Additionally, in any room with solid fuel appliances there must be a carbon monoxide or joint smoke/CO alarm fitted that must be hard wired or can be radio linked. A fire blanket or small fire extinguisher should be provided in the kitchen.

The Furniture and Furnishings (Fire and Safety) Regulations 1988, amended in 1993 and 2010, state that it is a criminal offence to let premises with upholstered furniture that does not comply with the safety regulations. There are certain exemptions to note, but the penalties for non-compliance are tough.