The following requirements are the responsibility of the owner (Landlord), we will ensure compliance, any costs of which will be the responsibility of the Landlord.
Private Landlord Registration
In accordance with the Antisocial Behaviour etc. (Scotland) Act 2004), all private Landlords letting properties in Scotland must have applied for registration in the register of Landlords with their local authority. You must prove to be a ‘fit and proper Landlord’ in order for your application to be successful. Further information can be requested from our office or can be found online at www.landlordregistrationscotland.gov.uk
Gas
Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances and flues in rented accommodation must be checked for safety at least every 12 months by a Gas Safe registered engineer. They must be maintained in a safe condition at all times, records kept for at least 2 years, and a copy of the safety certificate given to each new Tenant before their tenancy commences. Where gas, including liquid propane gas, is supplied to the accommodation, the Landlord should provide suitably located, mains-wired (with battery back-up) carbon monoxide alarm(s), if not mains-wired, at the very least, the carbon monoxide alarm must have a sealed lithium battery.
A Gas Safety Certificate must be produced prior to the commencement of any tenancy. If required Nicola Kennedy Residential can instruct a Gas Safe Engineer at a competitive rate on your behalf.
Electrical
Under the Electrical Equipment (Safety) Regulations 1994 and the Plugs & Sockets etc (Safety) Regulations 1994 and related regulations, electrical installations and equipment must be safe. As of the 1st December 2015 it is a legal requirement to hold an EICR (Electrical Installation Condition Report) carried out every 5 years or sooner, if directed by your electrician. There are strict rules about who can carry out these inspections and what they must cover.
If you would like further information regarding obtaining such a certificate please do not hesitate to contact us.
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
If you would like further information regarding obtaining such a certificate please do not hesitate to contact us.
Fire
The Furniture and Furnishings (Fire Safety) Regulations 1988 (amended 1989 and 1993) are UK law and are designed to ensure that upholstery components and composites used for furniture supplied in the UK meet specified ignition resistance levels and are suitably labelled.
Smoke Alarms
The Housing (Scotland) Act 2004 requires adequate provision for the detection of fire. A mains or long life battery powered interlinked smoke detector system must be fitted in every room which is frequently used by the occupants for general daytime living purposes, one functioning smoke alarm in every circulation space, such as hallways and landing, one heat alarm in every kitchen and all alarms must be interlinked. It must comply with BS5839 Part 6. All our properties are non smoking. The detectors must be checked for safety at least once a year. Tenants should undertake a regular testing program and Nicola Kennedy Letting’s service includes giving advice and ongoing fire safety training to Tenants.
Is your property a House in Multiple Occupation (HMO)?
If your property is on 3 or more levels and let to 5 or more Tenants comprising 2 or more households (i.e. not all of the same family) it will be subject to mandatory licensing by your local authority. Whether mandatory licensing as above applies or not, if there are 3 or more Tenants not all related in any property, it is still likely to be an HMO, and special Management rules will apply.
Repairing Standard
A Landlord has a duty to repair and maintain the property at the start of the tenancy and at all times during the tenancy, including a duty to make good any damage caused by carrying out this work (Housing (Scotland) Act 2006 S14:1-2) Upon notification or awareness of a defect, the Landlord must complete the work within a reasonable time (Housing (Scotland) Act 2006 S14:4)
Energy Performance Certificates (EPCs)
Under a directive from the European Parliament, the Scottish Government introduced new legislation that all residential property constructed, sold or let as of 4th January 2009 require by law to exhibit an Energy Performance Certificate (EPC). Failure to obtain this certificate could lead to a substantial fine.
The above is a brief summary of Landlords’ responsibilities and of the laws surrounding tenanted property. We hope that you find it useful. If there are any aspects of which you are unsure, please ask us. We look forward to being of assistance to you in the letting and management of your property.