Complying with regulation

We have complied a list of the main things you should consider when letting out a property in Scotland.

”Landlord

If you’re a landlord letting out a property in Scotland, you must register with Landlord Registration department of your local council. Orbis Property require your registration number before we can advertise your property. You must also inform them that we are the managing agent responsible for your property: you will be required to enter our registration number for the area your property is based.

Glasgow City Council Contact: 0141 276 7583 – Link to Website

”Gas

Under the Gas Safety (Installation and Use) Regulations 1998, it is a legal requirement that a current Gas Safety Certificate must be produced and given to tenants before they move into their rented property. All appliances and flues in rented residential property require a gas safety check every 12 months. The check must be carried out by a qualified Gas Safe Technician, holding a current registration with the Gas Safety Register.

If it is a long term let, a copy of the new Gas Safety Certificate must be given to tenants within 28 days of the inspection. Pipework, appliances and flues provided for tenants must be maintained in a safe condition. Full records of safety checks kept must be kept on record for two years.

”Electrical

The Housing (Scotland) Act 2006 requires all electrical installations to be in a reasonable state of repair and proper working order at the start of a tenancy and at all times during the tenancy. Although the term used by the government is “guidance” this is a statutory regulation which will come into force from 1st December 2015. All Scottish privately rented property covered by the Repairing Standard will require to comply as below, regardless of tenancy type.

Under the new requirement landlords will have to have fixed wiring (Electrical Installation Condition Report or EICR) checks carried out at least every five years. This will apply from the following dates: –

  • 1st December 2015 – for any new tenancies entered into on or after this date (this includes current tenants signing a new lease)
  • 1st December 2016 – for existing tenancies

The EICR report must include an appliance check report (a Portable Appliance Test or PAT). PAT checks are required on appliances provided by the landlord, but not those belonging to the tenant.

Anything that is not permanently connected to the electrical installation should be on PAT report. Everything in the property which uses the electrical supply must be on either EICR or PAT, unless it belongs to tenant.

”PAT

PAT Testing or Portable Appliance Testing is an important part of any health & safety policy. The Health and Safety Executive states that 25% of all reportable electrical accidents involve portable appliances. As a landlord you must comply with the provisions of the regulations and take reasonably practicable steps to ensure that no danger results from the use of such equipment. This in effect requires the implementation of a systematic and regular program of maintenance, inspection and testing.

”Fire

Any smoke alarm or replacement alarms being fitted after 3 September 2007 must be mains powered, and comply with BS5839 Part 6. Tenants are recommended to test alarms weekly. The number and position of the alarms is determined by the size and layout of the property. The revised Scottish (Domestic) Technical Handbook states that there should be at least:

  • One functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes,
  • One functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes,
  • One heat alarm in every kitchen
  • All of these alarms should be hardwired and interlinked

”Legionella”

The Health & Safety Executive publication, HSG227 Part 2, states that if you are an employer or someone in control of premises, including landlords, you must understand the health risks associated with legionella. Landlords who provide residential accommodation have a legal duty to ensure that the risk of exposure of tenants to legionella is properly assessed and controlled.

”Furniture

The Furniture and Furnishings (Fire)(Safety) Regulations 1993 were introduced to protect furnished goods against fire. The regulations cover the following;

  • beds, headboards, mattresses and bed-bases
  • sofa beds and futons
  • sofas, armchairs and footstools
  • nursery furniture
  • garden furniture suitable for indoor use
  • scatter cushions and seat pads
  • pillows
  • padded seats
  • loose and stretch furniture covers

All furniture listed above that is provided for a tenancy must meet legislation by having these labels.

”EPC”

Residential property being let must have a valid Energy Performance Certificate (EPC). These certificates highlight the running costs of the property, and also the carbon emissions produced. The energy report must be carried out by an accredited energy assessor.

This document is valid for 10 years and shows how good – or bad – the energy efficiency of your property is. It grades the property’s energy efficiency from A to G, with ‘A’ being the highest rating.

If you have a brand new home it’s likely to have a high rating. If you have a older home it’s likely to be around D or E. The energy performance certificate also lists ways to improve the rating – such as installing double glazing or loft, floor or wall insulation. The theory is that the better the rating your property gets, the more attractive it should be to a tenant as it indicates lower energy bills.

”Tenancy

As a landlord you are responsible for ensuring your tenants deposit is deposited in a Tenancy Deposit Scheme no later than 30 working days after the tenancy officially commences. We use SafeDeposits Scotland to register our deposits. Once the deposit is registered the tenant will be issued with prescribed information as is legally required and subsequent deposit certificate shall be issued.

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Registered Company Number SC451795 I 48 Berkeley Street, Glasgow, G3 7DS