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How To Legally Rent A Property

Submitted by Calum Macleod on 04/09/2010

Fire Safety:
In the kitchen a fire blanket should be provided. All of the windows should be able to open in case of a fire and junk and obstructions should be cleared to make escape from a fire easier. A smoke alarm should be fitted on every floor and if fitted after 2007 should be wired to the mains. You should test the smloke alarms at the beginning of the tenancy and at regular intervals.

Furniture Regulations
All furnishings in a property let for the first time after March 1993 need to be fire resistant. This includes sofas, pillows, beds, mattresses and bean bags but does not include carpets, curtains or duvets. As a guide, furniture that was manufactured after the 1st of march 1990 should comply with fire resistant standards and carry a label clearly stating this.

Landlord Gas Safety Certificates.
If you have a gas supply to your property you will need a Landlord Gas Safety Certificate. Even if you have a gas supply but no applicances you will still need the certificate. The certificate will be vaild for one year and must be renewed annually. The certificate must be granted by a gas safe registered engineer. Once your certificate is expired you still need to retain it for a further year.

Energy Performance Certificates: 
All property let in Scotland from the 4th January 2009 is required to have an Energy Performance Certificate (EPC). To get one for your property a registered assessor must visit the property and issue it an energy efficiency rating. As well as issuing the certificate the assessor will give advice on how to improve the propertys energy efficiency. EPCs are valid for ten years and should be displayed in the property. If you let your property before January 2009 you will not require an EPC until the property is re-let.

Landlord Registration:
If you are going to be letting your property in Scotland you need to register with your local council as a landlord. When a tenant moves into your property you must have at least submitted an application for registration. Once registered it lasts for three years.

HMO Regulations.
HMO stands for Houses in Multiple Occupation and refers to any household which is made up of more than two unrelated people. If you are letting to this category of tenants you will need to have an HMO license for the property.

Overseas Landlords
For anyone who is living overseas and letting out a property their letting agent is required by law to deduct tax at the basic rate from rent received from the property. This needs to be done until the Inland Revenue confirms with the letting agent that the landlord can receive the rent without tax deductions. If you are a landlord planning on letting from abroad then download the HMO pdf resource for more information at www.scotland.gov.uk/resource/doc/47060/0028721.pdf

Carbon Monoxide
There is not currently (at the time of writing) a legal requirement for a landlord to have a carbon monoxide detector fitted. It is however considered best practise to have an alarm fitted where there is a gas supply.

Electrical Safety
While there are no specific legal requirements concerning electrical safety landlords are responsible by law for ensuring that the installation of the electrics was safe and that they are maintained in good working order. In the past Trading Standards have brought landlords and letting agents to court for not complying. They recommend that inspections of the electrics be carried out on a yearly basis by a qualified electrician. To further cover yourself legally from electrical dangers there are reports that you can have carried out. One of these is called a Periodic Inspection Report (PIR) which should be carried out every three years. The other is the Portable Appliance Test (PAT) which is caried out on applicances in the property and should be undertaken annually.



 

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