What standard must a residential property meet before it can be rented?
The repairing standard, contained in the Housing (Scotland) Act 2006
What measures are required by the repairing standard?
- Wind and water tight
- Structurally sound
- Water gas and electricity supplied in reasonable state of repair
- fixtures and fittings in proper working order
furnishings capable of being used for what they are designed - satisfactory provision of fire detection & carbon monoxide detection
- meets electrical safety standards
- installation of a fixed heating system
- condition of pipes for supplying water
- meets the tolerable standard
What is determined by the tolerable standard?
- Structurally stable
- free from damp
- provision of lighting
- ventilation
- insulation
- water supply (hot and cold)
- bath or showed
- facilities for cooking food
- appropriate drainage
What tests must be carried out on a property before it is let?
- Legionella -
- Testing water supply -
- EICR
- PAT testing
- Gas safety checks
- EPC certification
What are the requirements for Portable Applicance Testing for landlords?
PAT testing is required under the Housing (Scotland) Act 2014. The legal requirement is every 5 years but best practice is every 2 years for small appliances and every 4 years for larger appliances.
What are some examples of tenant’s responsibilities in relation to Health and Safety?
- Report any safety hazards to the landlord
- Use electrical equipment in a safe manner, such as not overloading plugs or using electrics in the bathroom
- Allow contractors in to carry out works
- Not leaving the property unlocked or spare keys in easily accessed places
What are some examples of tenant’s responsibilities in relation to maintenance?
- Keeping contents insurance to cover personal items plus curtains and carpets etc.
- Keeping the property in good repair. Reporting any faults to your landlord
- Taking measures to stop pipes from freezing
- disposing of rubbish properly
What are the latest fire detection regulations introduced and when will these come into force?
From the 1st February, all properties should have the following:
- one smoke alarm in the most frequently used room (usually living room)
- one smoke alarm in the circulation space on each floor (hallway/landing)
- Heat alarm in every kitchen
- all alarms ceiling mounted
- all alarms interlinked
Which regulations govern gas safety in tenanted homes?
Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998
What certification should a landlord provide a tenant with prior to commencement of the tenancy?
- Gas safety certificate
- Electrical Installation Condition Report
- Energy performance certificate
What new EPC regulations have been introduced for rented properties and when will they come in to force?
Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2020
All new rental properties require to have a minimum EPC rating of D. Existing rentals require minimum rating of E. Originally due for April 2020 but now delayed until April 2022.
Exemptions:
- If works over £10k
- If works not feasible
- can’t obtain planning
- in shared building and other owners won’t consent
What are the insurance responsibilities of a landlord and tenant?
Landlord’s are not legally obliged to insure the property though it is a requirement of many buy-to-let mortgages. Landlord’s insurance is a building insurance which may also cover contents. It is not a responsibility of the landlord to insurance the tenant’s contents. This is the tenant’s responsibility though it’s not a legal requirement.
What property terrier do you use and what information is held on this?
We use a system called Propman at Bidwells which contains all relevant information and is broken down into sections such as the client, estate, property, tenancy, tenant. Also includes other important information such as EPC, GSR, EICR, Asbestos Reports. Can provide diary reminders for inspections and renewals.
What is a suitable level of expenditure to spend on repairs and maintenance of properties, as a percentage of income?
10-20% of rental income
In terms of planning permission, what is required for an agricultural shed?
Prior notification
When would an agricultural building require planning permission?
- If it is over 465 square metres
- If it is over 12m in height
- If it is within 25m of a classified road
- If it is within 400m of an occupied dwelling and used for housing sewage or slurry
How much does a planning permission application cost?
Depends on the size, type and number of properties, but likely between £401 and £20,000
What is required for a planning application?
- Application form
- Fee
- Location plan
- Site plan
- Elevations
