Private Landlords

Author: Alison Gourley
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All the obligations with which a Landlord in the private rented sector has to comply are becoming complex and although letting a residential property can provide useful income for the owner, great care must be taken to avoid breaching these rules and regulations. For properties that are let as a tenant’s only or principal home here are the key rules and regulations a landlord has to follow.

  1. Landlords must be registered with their local authority. It is an offence to own a property which is either let or to be occupied by an unconnected third party if you are not registered. A maximum fine of £50,000 can be imposed.
  2. An HMO licence is required if the property being let has three or more unrelated occupants.
  3. An energy performance certificate must be obtained before a landlord lets out a property which certificate will soon need to show that the property being let meets the required energy efficiency standards; the minimum requirements start coming into effect on 31 March 2020
  4. The property must comply with all the aspects of the repairing standard. https://www.mygov.scot/landlord-repairs/repairing-standard/ There are a number of obligations regarding gas and electrical safety, and the necessity of having smoke and carbon monoxide alarms. There are also, among others, regulations on the standard/safety of furniture and furnishings and electrical appliances.
  5. Tenancy deposits must be deposited in a tenancy deposit scheme. There are strict time limits for doing so and financial penalties for failure to comply. A deposit cannot exceed two months’ rent and no more than six months’ rent can be taken in advance.
  6. Landlords must manage their properties responsibly which means they must deal with any anti-social behaviour demonstrated by their tenants and deal with any local authority notices regarding anti- social behaviour or overcrowding statutory notices.
  7. Tenants are protected from harassment and wrongful eviction and terminating a tenancy correctly can be a complicated matter. Those with disabilities have certain rights regarding alterations to properties.

This is a list of the key regulations but not an exhaustive record of all the obligations of a private landlord.

If I can help with any issues please contact me Alison Gourley on 0141 552 3422 or by email ajg@michells-roberton.co.uk

About Alison Gourley

Alison graduated from Edinburgh University School of Law in 1991. She joined Mitchells Roberton in 1996 and became an Associate thereafter. Alison specialises in both commercial and residential conveyancing, advising individuals, large and small businesses, banks, charities and further education institutions on all property transactions. Having 20 years experience in property law Alison has developed excellent relationships with surveyors, independent financial advisers and banks so is ready to act swiftly and effectively to meet her clients’ needs in an ever changing property market. She enjoys getting to know her clients and is committed to giving them an efficient service and is always friendly and approachable. She is also involved with the marketing aspects of the firm. Alison is a residential conveyancing tutor in the paralegal course offered by Central Law Training through the University of Strathclyde. Alison is married to a photographer and has one child. In her free moments she likes to keep fit. She is a talented amateur artist and loves nature and the great outdoors. Email: ajg@mitchells-roberton.co.uk

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