Being a landlord is a responsible role and carries hundreds of legal obligations.
Below is a brief summary of just some of the maze of laws and regulations.
Consents to Let
Do you have permission from your mortgage lender to let the property? Does your building's insurer know the property is let out and are you adequately covered?
Tenancy Agreement
This is a very important contractual document in the lettings process. The Private Residential Tenancy (PRT) is the Scottish Government approved lease which provides the tenant with certain protections and gives the landlord grounds to regain possession.
Energy Performance Certificate (EPC)
As a landlord, your property must have one of these certificates assessing its energy performance.
Smoke and Carbon Monoxide Alarms
Properties in Scotland must have interlinked smoke alarms on each floor, main living area and a heat detector in the kitchen. It’s a legal requirement that landlords also install carbon monoxide alarms where there is a solid fuel appliance.
Don’t forget to make sure they are installed in the appropriate places within the home.Gas Safety
Every gas appliance must be checked by a certified Gas Safe engineer before a tenant moves in and annually thereafter.
Electrical Safety
The electrical wiring in the rented property must be checked and an Electrical Installation Condition Report (EICR) produced by a qualified and certified NICEIC electrician to verify its safety.
Portable Appliance Testing (PAT) is also required on any items being left in the property with a plug.
Tax on Rental Property Income
All rental income from property in the UK is taxable. If you are unsure of your liabilities, we recommend you contact a specialist tax accountant.
Tenancy Deposit Scheme
For all PRTs, the tenant’s deposit must be registered with a recognised deposit protection scheme.
Inventory
Before the rental starts, a full inventory should be undertaken and supplied to the tenant.
Other rules and regulations to consider include:
- Information Commissioner's Office (ICO)
- Legionella Risk Assessment
- Non-Resident Landlord Scheme
- Landlord Registration
- The Tenant Fee Ban
- Furniture and Furnishings Fire Regulations
We can help you safely navigate your way through this maze and keep you on the right side of the law.
To find out more, download our free Landlord Guides, including Lettings Made Simple and 14 Questions Every Landlord Should Ask To Help Find The Perfect Tenant here.
