As a landlord you are required to comply with the following:
- The Anti-Social Behaviour (Scotland) Act 2004 - Landlords Registration: Under Part 8 of the 2004 Act, prior to marketing a property, all private Landlords must register with the Local Authority if letting residential property. Failure to register is a criminal offence and subject to a penalty of up to £50,000. The fee to register is £55 plus £11 for each property. Landlords can register directly on-line by logging onto www.landlordregistrationscotland.gov.uk. Our Agents Registration numbers for Aberdeen City is: 25272/100/10340 and for Aberdeenshire: 152943/110/11410.
- Energy Performance Certificate (EPC): The Landlord is legally required to provide a valid EPC before marketing commences. The liability for failure to comply with obligations regarding the provision of an EPC rests solely with the Landlord and as such, the Agent shall have no liability whatsoever under these terms and conditions and/or any Tenant and/or Landlord in respect of Energy Performance Certificates and/or renewal.
- The Gas Safety (Installations and Use) Regulations 1998: The Landlord is legally required to have all gas appliances in the property inspected annually by a Gas Safe Registered engineer, as specified by the Regulations. The Landlord agrees that the Agent may arrange for a Gas Safety Inspection to be carried out at the Landlord’s expense unless advised in writing to the contrary, at least 5 days prior to the tenancy commencing. Under this Agreement the Agents will arrange for the renewal of the Gas Safety Certificate up to one month prior to the expiry of the certificate, deducting the cost from the rental income from the property. Other than as provided, the Agent shall have no liability whatsoever under these terms and conditions and/or to any Tenant and/or Landlord in respect of gas inspections, gas safety and/or renewal. A carbon monoxide detector should be in place beside each gas appliance and this will be checked on an annual basis when the gas inspection is done. Electrical Equipment (Safety) Regulations 1994: The Regulations advise that it is best practice that all portable electrical appliances are tested every year and that written instructions are provided for each appliance in the from of a Portable Appliance Certificate (PAT). Legislation dictates that it is illegal for non-competent/qualified persons to undertake most electrical modifications, repairs and installations. The Agent requires a full periodic electrical inspection (PIR) to be carried out prior to letting the Property initially and that any remedial work or additions to the installation are carried out by a qualified Select electrician. This PIR certificate shall be for a minimum of three years.
- The Furniture and Furnishings (Fire)(Safety) Regulations 1988 (as amended in 1989 & 1993): The Landlord must ensure that all furniture in the Property meets the standard laid out in the above Regulations. Upholstered articles must have fire resistant filling material. Covered fabrics must have passed a match resistant test or must be used with fire resistant inner liners (guidance notes outlining the legislation may be obtained from the local fire master). Items of upholstered furniture purchased after January 1989 should comply with the above Regulations and will display appropriate safety labels. As Landlord you must be aware that not complying with the Regulations is an offence, which can be charged separately. We cannot let any property failing to meet with the above Regulations. You hereby confirm that any furniture and furnishings in the Property meet the above Regulations.
- The Housing (Scotland) Act 2006 – Smoke Alarms: The Landlord is obliged to provide a smoke alarm. There should be smoke detectors on each floor which should be mains power and interconnected.
- The Housing (Scotland) Act 2006 - Electrical Safety Inspection: From the 1st December 2015, as a Landlord, you are required to ensure that your property is electrically safe. Landlords should be able to prove that the following are all in working order:
- Installation in the property for the supply of electricity
- Electrical fixtures and fittings
- Appliances provided by the landlord under the tenancy
An electrical safety expectation, which consists of 2 parts, should be carried out in the property:
- Electrical Installation Condition Report (EICR) – Checks on the safety of the electrical installations, fixtures and fittings.
- Portable Appliance Test (PAT) - Checks are required on appliances provided by the landlord, but not those belonging to the tenant or items less than 12 months old. Once certificates are accredited, they must be kept for 6 years.
New tenants are to receive an EICR if they took up their tenancy after the 1st December 2015. Any existing tenants are to receive a copy of an EICR before the 1st December 2016 (unless their tenancy ends before).
- The Housing (Scotland) Act 2006 – The Repairing Standard: As a Landlord you are required to ensure that the property meets the Repairing Standard under the above Act. As a Landlord you are required to ensure that:
- The property is wind and water tight and reasonably fit for human habitation (taking account of the extent to which the house falls short of any building regulations, because of disrepair or sanitary defects);
- The structure and exterior of the Property (including drains, gutters and external pipes) are in reasonable repair and proper working order (having regard to the property’s age, character and prospective life and the locality). Where the Property forms part of a premises (e.g. a flat), this criterion includes any part of the premises that the owner is responsible for maintaining solely or communally, but the Repairing Standard only applies if any part of, or anything in, the premises that the tenant is entitled to use adversely affected
- The installations in the Property for the supply of water, gas and electricity and for sanitation, space heating water are in reasonable repair and property working order (including installations outside the house but serving it, and which the owner is responsible for maintaining, solely or communally)
- 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 a satisfactory provision for smoke alarms.
It is a Landlord’s duty to make sure that a house meets the Repairing Standard at the start of the tenancy and at all times during it. The Landlord must inspect the house before the tenancy starts, in order to identify work necessary to meet the Standard and must notify the tenant of any work. Once the tenancy starts, the duty only applies where the Landlord is aware that work needs to be done, for example, because the tenant has told them about this.
The Landlord must then carry out the work within a reasonable time. At the start of a tenancy, the Landlord must provide the tenant with written information on the effect of the Repairing Standard in relation to their tenancy, including how it can be enforced through the PRHP. The Agents will do this on your behalf. The Agents shall have no liability whatsoever under these Terms and Conditions and/or to any Tenant and/or Landlord in respect of maintenance of the Property. The Agents may discharge all obligations to carry out maintenance at the Property, if the Landlord is in breach of his statutory obligations, or prevents or otherwise fails to provide adequate funds to have work carried out, which in the opinion of the Agents the Landlord is legally or contractually required to have done. The Landlord hereby agrees to pay the Agents all sums in this regard.
For the avoidance of doubt, the Agents shall have no liability whatsoever under these Terms and Conditions and/or to any Tenant and/or Landlord in respect of furniture and furnishings, smoke detectors, electrical appliances and electrical installation.