A new Letting Agent Code of Practice came into force on 31 January 2018. This is a set of rules that all letting agents must follow in order that they provide a service standard to both landlords and tenants. At Robb Residential we pride ourselves on providing a ‘best in class’ service and experience to both Landlords and Tenants. We can arrange a Risk Assessment on your property as well as a carefully considered and reliable Valuation. This will ensure that we let your property compliant with all legislation, that you fulfil all landlord obligations and that you obtain the best possible return on your investment. Our Letting Agent Number is LARN2002002 and we are members of the Scottish Association of Landlords (SAL).

All private landlords must apply for registration to the local authority covering the area where their property is located. The local authority must be satisfied that each landlord is a fit and proper person to let property. The system will make sure that all landlords are accountable for minimum standards. It will allow tenants and neighbours to identify and contact landlords of private rented property. www.landlordregistrationscotland.gov.uk

When you take out a residential mortgage, one of the criteria will be that you are prevented from letting out your property – if you do so without informing your lender, you will be in breach of the conditions of your mortgage. If you let your property with a residential mortgage and your lender learns that you have tenants in your home, it could be viewed as mortgage fraud, it could trigger your lender into demanding that you repay the mortgage immediately or they could make a move to re-possess your home. It is therefore critically important that you get permission from your mortgage provider that you are permitted to let your property before making arrangements to let it, and that you obtain adequate landlord insurance to protect your investment.

Electrical Installation & Condition Report & Portable Appliances (EICR & PAT). A new duty to carry out electrical safety inspections came into force in 2015. There are two parts to the electrical safety inspection, (1, EICR) an inspection of installations, fixtures and fittings, and, (2, PAT) a record of testing of appliances provided by the landlord.

The Gas Safety (Installation and Use) Regulations 1994 require that gas appliances are properly installed and maintained in a safe condition so as to avoid the risk of carbon monoxide poising. It is the responsibility of landlords to ensure that all gas appliances and gas installation pipe work owned by them are checked for safety at least once a year by a Gas Safe registered engineer. In addition accurate records of the safety inspections and any work carried out must be retained. The current safety record must be available for any tenant prior to taking occupation of the property and that they form part of their move in pack.

Landlords of residential accommodation have responsibilities for combating Legionnaires’ Disease. Health and safety legislation requires that landlords carry out risk assessments for the Legionella bacteria which cause Legionnaires’ Disease and thereafter, maintain control measures to minimise the risk. Most rented premises will be low risk but it is important that risk assessments are carried out and control measures introduced.

The Housing (Scotland) Act 2004 requires adequate provision for the detection of fire. Smoke alarms – You can install tamper proof long-life lithium battery alarms or mains-wired alarms (expiry dates will be required).

• One smoke alarm installed in the room most frequently used for general daytime living purposes.
• One smoke alarm in every circulation space on each storey, such as hallways and landings.
• One heat alarm installed in every kitchen.

All alarms should be ceiling mounted and interlinked. There is also a requirement for carbon monoxide detectors to be fitted where there is a carbon-fuelled appliance such as boilers, fires, including open fires, heaters and stoves, or a flue.

Each property must meet a minimum physical standard throughout the whole period of any lease. Primarily the property must be wind and watertight and in all other respects fit for individuals to live in. It must be connected to mains water and electricity and fixtures (internal and external), fittings and furnishings must be in a reasonable state of repair. Fire safety standards also apply. Chapter 4 of the Housing (Scotland) Act 2006 provides full information.

If tenants feel their landlord has failed to respond to requests for a repair, they can contact the Private Rented Housing Committee. The tenant must have given the landlord notice that the repair is needed and a reasonable time to carry out the repair, which can vary depending on the nature of the repair. If the landlord fails to carry out the work, the Committee can order the landlord to do it. For more information, try www.prhpscotland.gov.uk

If you are living outside the UK, you must apply for tax exemption on the rental income generated from a property in the UK. Robb Residential is legally obliged to deduct tax from the rental income until an exemption certificate has been received. Certificates are personal and not property related, so each owner or joint owner of the property must have a separate certificate. www.hmrc.gov.uk/international/nr-landlords.htm

The Furniture and Furnishings (Fire Safety) Regulations 1988 (amended 1989, 1993 and 2010) are UK law and are designed to ensure that upholstery components and composites used for furniture supplied in the UK meet specified ignition resistance levels and are suitably labelled. The regulations apply to all upholstered furniture including beds and headboards and other soft furnishings including bedding. Antiques and other older items made prior to 1950 are excluded. Items bought from a reputable supplier since March 1990 are likely to comply. In practice, items which comply are likely to have a suitable permanent label attached. If you are in any doubt, please contact the manufacturer.

Tenancy Deposit Schemes (Scotland) Regulations 2011, brought into practice guidelines laid down in the Housing (Scotland) Act 2006 to ensure deposits are held, administered and returned fairly. All landlords must now put rent deposits into a recognised third party trust scheme. Robb Residential currently uses Safe Deposits Scotland.