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Legal Obligations on Landlords
Local Authorities in deciding whether an applicant is a fit and proper person to act as a landlord must consider, among other things, whether the applicant has “contravened any provision of the law relating to housing, or landlord and tenant law”.
A brief list of some of the key issues is set out below. If you require further clarification check www.betterrentingscotland.com, contact the Council, or seek the advice of your solicitor. Your exact obligations depend on the type of tenancy or occupancy arrangement in place.
· The tenant must be given details of the landlord’s name and address. Where an assured or short assured tenancy exists, a written agreement must be provided.
· If the tenant does not leave when they are asked to, you must use the correct legal procedures for seeking possession of the accommodation. Ultimately you may require a Court Order. Under the Rent (Scotland) Act 1984, it is a criminal offence to evict a tenant unlawfully, or to use harassment to try to make them leave.
· Various rules apply to the charging and handling of rents and deposits:
· No charge must be made for a person to have their name put on a list for accommodation or for drawing up or copying the tenancy agreement.
· If a deposit is required, it must be no more than the equivalent of two months’
rent.
· If rent is paid weekly, the landlord must issue a rent book and enter a receipt for
each weekly payment.
· The tenant cannot be required to pay rent before the start of the rental period to
which it relates.
· Proper procedures must be followed before changing the amount of rent to be
charged.
· You must keep the fabric of the accommodation wind and watertight and generally fit for human habitation. You must make sure that water, electrical and gas installations and appliances for heating the house and water are kept in good repair.
· You must ensure gas fittings and flues are maintained in a safe condition, an annual safety check is carried out on each appliance, all installation, maintenance and safety checks are carried out by a gas installer registered on the Gas Safe Register, records of each safety check are kept for at least two years, and a copy of the gas safety certificate is issued to the existing tenants within 28 days of the check being completed or to any new tenant before they move in. (Gas Safety (Installation and Use) Regulations 1998.
· You have a duty to make sure that the electrical installations and appliances provided as part of the let are safe to use (Electrical Equipment (Safety) Regulations 1994).
· All furniture and furnishings provided by the landlord must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
· You have a requirement that “the house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire. An existing smoke alarm may be mains or battery powered, but a smoke alarm installed from 3rd September 2007 onwards requires a mains powered smoke detector.
· You have a duty to provide an Energy Performance Certificate, and you must provide your tenants with a copy by making this a fixture within the building. European Directive introduced in Scotland on 1st May 2007.
· You must comply with any statutory notices regarding the property.
· The owner of an HMO (House in Multiple Occupation) must hold a licence from the local authority and must comply with the conditions of that licence.
· You must not practise unlawful discrimination in, or in connection with, the carrying on of any business.
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