A Guide To Requirements For Renting Property
A quick reference guide to the required safety checks, certificates and registrations.
Landlord Registration
In order for us to market your property, we require you to have registered with the local authority relative to the property available for let. You can do this here online at www.landlordregistrationscotland.gov.uk. You will have to renew your registration every 3 years. The fees for registration can be found using this link https://www.landlordregistrationscotland.gov.uk/fees-information. Each owner as per the deed is required to register as a Landlord. It is a legal requirement to notify Landlord Registration where an agent will manage your property for you. Rettie & Co. agents registration number is LARN1903047.
Energy Performance Certificate (EPC)
This is a requirement for you to market your property. A copy should be printed and displayed in the property, usually near to the boiler, and we need to retain a soft copy and make the details available in our advertisements. EPC certificates last for 10 years but you should update them as and when you make alterations to the property that would impact the energy efficiency rating, such as upgrading windows, installing new boilers etc. If you have recently bought your property then you will be able to extract the EPC from your Home Report, otherwise, we can help you to arrange for one to be done. The EPC requirements are changing, please see link for more details: https://www.gov.scot/publications/domestic-epc-reform-consultation/
"Rettie & Co. have been a fantastic agent for securing me with a great tenant and walking me through the process of renting out my property in Edinburgh. With a move overseas to manage, they have provided a 5 star service which has been hugely appreciated. Keep up the professional and personal service."
Ms Harbison, Landlord
Electrical Installation Condition Report (EICR)
This is a safety check which is required to assess the main wiring, sockets and switches. We recommend undertaking an EICR before marketing to allow sufficient time for any remedial works to be carried out ahead of a tenant being secured.
Installation of Mains Wired Interconnected Smoke Detectors
Currently, the Repairing Standard requires that the provision of smoke detection equipment in rented properties, meets current Building Regulations for new and redeveloped homes. At present, this means that there must be a mains wired interconnected system covering the hallway and each landing where the property is multi-storey, the lounge and any other common areas, and there must be a heat detector in the kitchen. These must be ceiling mounted. See link for more information
https://www.gov.scot/publications/fire-safety-guidance-private-rented-properties/
Carbon Monoxide Detector
A carbon monoxide detector must be fitted in any rooms that contains a solid fuel burning appliance, (fixed combustion appliance (excluding one used for cooking) and in any commonly occupied room (bedroom, living room etc) where a flue passes through the room.
Landlord's Gas Safety Certificate (GSC)
This must be undertaken annually in any property with gas.
Portable Appliance Testing (PAT)
Landlords have a duty of care to ensure the safety of their tenants. Annual PAT testing by an approved contractor ensures all plug top appliances are in good working order.
Legionella Initial Risk Assessment
Landlords have a requirement to protect tenants from the risk of Legionnaire disease. In order to be able to demonstrate that the requirement has been met, Risk Assessments are carried out at regular intervals.
Houses of Multiple Occupation (HMO)
Additional regulations apply to houses let to more than 3 unrelated persons. Please advise us if you need further advice with regard to HMO legislation.
A Guide To Private Residential Tenancies
The Private Residential Tenancy (PRT) came into force on 1st December 2017.
The Tenancy
Scottish Government has published a model tenancy agreement for landlords. Use of the MTA is optional, but if landlords chose not to use it, then certain statutory terms must appear in tenancy agreements. Landlords should provide tenants with guidance whether they use MTA or not. There is no need for pre-tenancy notices such as the AT5, Tenant Information Pack or regarding the applicability of certain grounds for possession. However, landlords will still need to provide safety certificates and ensure properties meet the required standards etc. A PRT has no end date or duration, it can be terminated at any point from the start date, subject to relevant notice requirements, but landlords will have to rely on specific grounds for possession. Landlords must provide safety certificates with a lease in accordance with current regulations.
Rent
Initial rents are set by market forces, but rent can only be increased once a year from the start of the lease by giving tenants 3 months’ notice. Tenants will have 21 days to object. If they do, the matter will be determined by a rent officer who will set an “open market rent” for the property. There are also provisions for Scottish Ministers to create Rent Pressure Zones (RPZ) to put further controls on rent increases within RPZs. RPZs can be created where rents are rising too fast, causing hardship to tenants and putting local authorities under pressure to provide housing or subsidise rents.
Ending PRT's
Tenants must give landlord at least 28 days’ notice, which can be given at any time after the PRT starts. Landlords can only end a PRT using one or more of the new 18 grounds for possession. Some of these are mandatory (M), some are discretionary (D) and two are mixed grounds (M&D). See links to the grounds referred to:- https://www.gov.scot/publications/private-residential-tenancies-landlords-guide/pages/grounds-for-eviction/
To end the tenancy, the landlord must issue the tenant with a Notice to Leave (NTL), detailing which of the grounds apply and providing relevant evidence. Where the tenant has been entitled to occupy the property for 6 months or less at the time notices are served, the Notice period for all grounds is 28 days. Certain grounds, such as rent arrears will always have a notice period of 28 days regardless of how long the tenant has been in the property. Otherwise, the period of notice will be 84 days (these can change subject to a pandemic or other force de majeure etc).
Eviction
If the tenant doesn’t leave property when the NTL expires, the landlord must apply to the First-tier Tribunal: Housing & Property Chamber (HPC) to have the tenant evicted. Applications to HPC are free, and parties can represent themselves. If the ground is a mandatory one then the tribunal has to issue eviction order if the ground is established. With discretionary grounds, not only do the grounds need to be established, but granting the eviction order also has to be reasonable in the circumstances.
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A Guide To Inventory Contents
Whether the property is furnished or unfurnished, the property is expected to have all floor coverings, all keys and keys to window locks, window dressings and kitchen white goods. In addition if you are to furnish the property please see the recommended list below:-
Furnished Properties
Below is a suggested list of items to be supplied for a 1 or 2 bedroom furnished property.
Kitchen
• Hob/oven or cooker
• Fridge/freezer
• Washing machine/ Dryer
• Dishwasher
• Microwave
• Electric kettle
• Electric toaster
• Set of matching cutlery (min 6 settings)
• Set of matching crockery (min 6 settings)
• Set of matching glasses (min 6 each)
• Set of 3 sharp knives
• Set of saucepans and frying pan
• Large kitchen bin
• Small set of kitchen utensils
• Dining table & chairs (if applicable)
Living Room
• Coffee table/ side table
• Lamp(s)
• Sofa and chair as required
Bedrooms
• Bed
• Bed base
• Mattress
• Mattress Protector
• Side Lamp
• Set of drawers and a wardrobe.
General
• Iron
• Ironing board
• Mop • Bucket
• Long handled broom
• Vacuum cleaner
• Dust pan and brush
Items That Should Be Removed Before The Tenancy Begins
Please remove all personal belongings, bedding, towels and any additional clutter ahead of the tenancy beginning.
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Garden/Outside Area
We recommend that you provide a gardener with the tenancy otherwise it would be expected to provide the essential gardening equipment to maintain the grounds.
• Lockable outdoor storage
• Lawnmower • Spade
• Fork • Rake • Shears
• Hoe • Hose / watering can
• External broom
Please be aware that as the landlord you will be responsible for maintaining and cutting back all border hedges, shrubbery and trees, as required.
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