Short Assured Tenancies
These tenancies were introduced by the Housing (Scotland) Act 1988 and came into force on 2nd January 1989. A Short Assured Tenancy is a special form of Assured Tenancy which, in the first instance must be for not less than 6 months. A Short Assured Tenancy gives the landlord special rights to repossess the property and gives the tenant special rights to apply to a Rent Assessment Committee for a rent determination.
Short Assured Tenancies are the most common form of tenancy used locally in the private rented sector. This is largely because it is easier and quicker for landlords to recover possession of their property when the tenancy is a Short Assured. In order for a tenancy to be Short Assured, an AT5 Notice in terms of Section 32 of the Housing (Scotland) Act 1988 must be served prior to the creation of a tenancy agreement.
Perth Premier Properties will prepare the tenancy agreement and serve the AT5 notice. After the initial period has elapsed, there is no need to renew the agreement. The lease will contain a clause that states that after the initial period (6 months), the lease will continue on a month to month basis until terminated by either party giving no less than 2 months notice to the other party.
Landlord Registration
All private landlords in Scotland are required to register with the local authority 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. Before approving your registration, the local authority will need to consider whether you are a ‘fit and proper’ person to act as a landlord. 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. For more information about how to register and to apply on-line, see:
Perth and Kinross Council Website
Gas Safety (Installation & Use) Regulations 1993
Under health and safety legislation, you must ensure that gas appliances, and/ or installation pipe-work, are kept in a safe condition to prevent the risk of injury to anyone in the property. You are required to obtain a gas safety certificate once a year from a CORGI-registered gas engineer (a copy of which needs to be given to the tenant).
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Energy Performance Certificates (EPCs)
It is now a legal requirement for private landlords to provide an Energy Performance Certificate (EPC) to any potential tenants. They carry ratings which measure the energy and carbon emission efficiency of your property using a grade from ‘A’ to ‘G’. An ‘A’ rating is the most efficient, while ‘G’ is the least efficient. The average efficiency grade to date is ‘D’. All homes are measured using the same calculations, so you can compare the energy efficiency of different properties. They also provide a detailed recommendation report showing what you could do to help reduce the amount of energy you use and your carbon dioxide emissions. You don’t have to implement the recommendations, however, doing so could make your property more attractive for rent by making it more energy efficient, thus lowering fuel costs for tenants. Tenants may actively seek properties with a good rating. You must obtain an EPC for each property from an accredited domestic energy assessor. They will carry out the assessment and produce the certificate which is valid for 10 years.
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Furniture and Furnishings (Fire) (Safety) Regulations 1988.
If you let your property furnished you must ensure that the furniture and furnishings provided comply with current safety regulations. You must ensure that the correct labels are in place identifying the fact that the materials are fire resistant. Failure to do this will open you up to prosecution and also put your tenants in a potentially hazardous position.
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Electrical Equipment (Safety) Regulations 1994
You must ensure that the electrical installation and all electrical appliances are ‘safe’ with little risk of injury or death to humans, or risk of damage to property. This applies throughout the life of the tenancy and includes all mains voltage household electric goods supplied by the landlord such as cookers, kettles, toasters, electric blankets, washing machines etc. Best practice is to arrange for a qualified electrician to check all appliances before the property is let.
Other Requirements
You must advise your bank, building society or mortgagee that you propose letting your property and ensure that you have adequate Buildings (and where appropriate also Contents) Insurance. In addition, you will need to pay income tax on your rental income. For further information about taxation issues for landlords please see Her Majesty’s Revenue and Customs (HMRC) website at:
www.hmrc.gov.uk/
Rates and Services
The tenant will be responsible for the payment of all council tax, water rates, electricity and telephone bills for the duration of their tenancy.