Landlord Legal Info

Safety

All privately rented properties must comply with the current legislation, including:

Repairing Standards under The Housing (Scotland) Act 1987

Gas Safety (Installation and Use) Regulations 1998 whereby it must be ensured that all gas appliances, pipework leading to the appliances and flues from appliances are safe. These must be checked by a Gas Safe Registered engineer annually and certificated. There should also be an adequate provision of Carbon Monoxide Alarms.

Smoke Alarms – there must be the correct amount of interlinked smoke/heat detectors fitted into a property. This includes smoke detectors fitted into every room for daytime living (eg lounge) and for circulation spaces (hallways) and heat detectors in kitchens.

Electrical Safety – An Electrical Installation Condition Report (EICR) must be carried out at all rental properties at least every five years with a visual inspection (at a minimum) being carried out at the end of each tenancy. The Portable Appliance Test covers any moveable electrical equipment (generally with a cable and plug) that the Landlord has supplied as part of the tenancy must be carried out by a competent person. This test must also be carried out at least once every five years.

Furniture and Furnishings Fire Safety

Furniture supplied by the Landlord as part of the tenancy must meet the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993.

Houses of Multiple Occupancy (HMO)

Houses that are in multiple occupation by three or more unrelated tenants must be licensed by the council. Landlords operating without such a licence could face prosecution and/or a fine up to £50,000. A licence will be required prior to occupation by tenants of this number or above and must be renewed evry three years. To acquire an HMO licence, a landlord must comply with certain regulations regarding the facilities and safety of the property including;

• the rooms must be a decent size, for example, every bedroom should be able to accommodate a bed, a wardrobe and a chest of drawers.
• there must be enough kitchen and bathroom facilities for the number of people living in the property, with adequate hot and cold water supplies.
• adequate fire safety measures must be installed, for example your landlord must provide smoke alarms and self-closing fire doors and make sure there is an emergency escape route.
• all gas and electrical appliances must be safe.
• heating, lighting and ventilation must all be adequate.
• the property should be secure, with good locks on the doors and windows.
• there must be a phone line installed so that tenants can set up a contract with a phone company to supply the service.

Scottish Parliament passed The Antisocial Behaviour (Scotland) Act 2004. Part of that Act deals with compulsory registration of all landlords and letting agents, regardless of the number of properties involved. It is a requirement that all landlords register with each Local Authority in which they own property and the Local Authority must also be satisfied that the landlord is a fit and proper person.

It is an offence to let any residential property without being suitably registered.

This registration process requires you, the landlord, to provide personal information. We therefore cannot register your interest independently. You must apply for registration immediately. Where a property is owned by more than one person all owners must register, as should all directors of a company or all trustees of a trust. On receipt of written confirmation of your registration number. Robertson Property Management Limited must be supplied with this information for use during advertising and preparation of tenancy documentation.

The necessary information can be found at www.landlordregistrationscotland.gov.uk

Robertson Property Management Limited, 3 Bank Street, Dundee, DD1 1RL is already registered as an agent with suitably recorded details.

We have pleasure informing you of all our relevant registration numbers listed below:

Dundee – 673769/180/01031

Angus – 675048/120/05031

Perth & Kinross – 670828/340/22021

Fife – 670858/250/22021

Stirling – 676336/390/07031

Everyone who carries out letting agency work must were required to apply to join the Scottish Letting Agent Register by 1 October 2018. Robertson Property Management Limited’s application to the register has now been approved and our registration number is LARN1905009

Failure to register as a landlord is a criminal offence. If a landlord is not registered, a local authority can serve a notice terminating the landlords’ right to collect rent. Robertson Property Management Limited must also adhere to a strict code of conduct and if it was found that you were had not applied for/registered as a landlord we would have no alternative but to terminate our contract with you.