Important information and regulations for landlords
There are several legal procedures and regulations with which a landlord must comply. We have listed these briefly below however please do not hesitate to contact us to discuss these in further detail:
Registration of Landlords letting residential property in Scotland
From 30 April 2006, under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004, anyone who owns residential property in Scotland which is let must apply to register with the local authority for the area where the property is located, unless they are covered by an exemption. It is the owner of the property who must register. The local authority must be satisfied that they are fit and proper persons to let property, before registering them. The system will make sure that all landlords meet minimum standards and will remove the worst landlords from the sector. It will allow tenants and neighbours to identify and contact landlords of private rented property, and provide information on the scale and distribution of the sector in Scotland for the first time.
Insurance
It is vital that all insurers are informed if the property is to be let. If they were not notified then policies would be invalidated. The landlord should have full cover for both buildings insurance and contents insurance.
Mortgage
If there is a mortgage on the property, then the landlord must have an agreement to let in writing from their mortgager. The mortgager may require additional clauses in the tenancy agreement that KMN must be made aware of.
Health & Safety
Gas - Under the Gas Safety (Installation and Use) Regulations 1998 a CORGI registered engineer must check all gas appliances and flues in rented accommodation for safety within 12 months of being installed, and thereafter at least every 12 months. A copy of the certificate must be issued to the tenant(s) and the landlord must keep records for at least two years of all inspections, any defects and any remedial action carried out.
Electricity - Under the Electrical Equipment (Safety) Regulations 1994 and other regulations, electrical appliances and equipment in tenanted premises must be safe. It is therefore vital to make a visual check and ensure that all electrical fittings, equipment and leads appear completely undamaged and safe and arrange for a fully qualified electrical engineer to check any unsafe items.
Consumer Protection - Fire
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. The regulations apply to all upholstered furniture, beds, headboards of beds, mattresses, sofa-beds, futons and other convertibles, nursery furniture, garden furniture which is suitable for use in a dwelling, scatter cushions and seat pads, pillows, loose and stretch covers for furniture and extra or replacement furniture purchased for rented accommodation. They do not apply to antique furniture or furniture made before 1950, bedclothes including duvets, loose covers for mattresses, pillowcases, curtains, carpets or sleeping bags.
Items that comply will have a suitable permanent label attached and items that do not comply must be removed before the start of a tenancy agreement.
Income tax
If the landlord is resident in the UK then it is entirely their responsibility to inform the Inland Revenue of all rental income received and to pay any necessary taxes. However, if the landlord is based outside the UK during a tenancy then under rules effective from 6 April 1996, unless the landlord holds an exemption certificate, KMN as the landlord's agent must deduct an amount equal to the basic rate of income tax from rental received (less certain expenses) and send it to the Inland Revenue on a quarterly basis.
Smoke Alarms
Although there is no legislation requiring smoke alarms to be fitted, it is strongly recommended that the Landlord fit at least one alarm on each floor of the tenanted property (usually in the hall or landing areas.)
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