It is all change right now in the world of repairs for private landlords in Scotland.
We recently saw new Gas Safety Regulations come into force on 6 April 2018 and more changes have been implemented with the Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Regulations 2019. Please find below a summary of the changes that came in to force on 1 March 2019.
At first glance, the changes to the repairing standard seem to look like a loosening of the requirements, particularly
The Scottish Government has recently published updated versions of the model Private Residential Tenancy Agreement, Easy Read Notes, and Statutory Terms Supporting Notes. This update takes account of changes to data protection laws, as well as other minor edits and clarifications.
The new versions should be used going forward.
You can access the updated information at the Scottish Government's website links below.
Model Tenancy Agreement:
https://www.gov.scot/publications/scottish-government-model-private-residential-tenancy-agreement/
Easy Read Notes:
Statutory Terms Supporting Notes:
The downloadable output of the Scottish Government's model tenancy agreement
Previously, we blogged on the problems with service of actions raised at the First-tier Tribunal - Housing and Property Chamber (FTT-HPC) where the address of the tenant was unknown.
Proposals to amend the FTT-HPC procedural rules to correct this problem and revise the procedural rules more generally were laid before Parliament in December 2018. The amending provisions are contained within the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2018 and The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions)
There is now an impending deadline fast approaching at breakneck speed on the 1st October 2018. Yes, that's correct. As the turn of the month falls before us and as we enter the autumnal season, if you are conducting letting agency work in Scotland and have not applied to join the Register of Letting Agents through Registers of Scotland then please be forewarned as all individuals involved in letting agency work must comply with the Letting Agent Code of Practice as well as having
The First-tier Tribunal for Scotland (Housing and Property Chamber) (FTT) "recently considered the duration of a short assured tenancy in the case of Prestel & Dunbar v Norton (EV/18/1089)."
In this case parties entered into a tenancy agreement on 21st July 2017. An AT5 was served on the same date, before the tenancy agreement was signed. On 17th November 2017, the landlord served on the tenants a Notice to Quit and a Notice under Section 33(1)(d) of the Housing (Scotland) Act 1988,
One of the main facets of the new Private Residential Tenancy (PRT) is that it offers increased security of tenure to tenants. An order for eviction will only be granted where a landlord can satisfy the First-tier Tribunal (Housing and Property Chamber) that one of the 18 grounds for eviction is established. The Tribunal needs to be persuaded, with evidence, that the landlord is entitled to end the tenancy.
How do private landlords prove that they have a ground for eviction?
It essentially depends on
On 1st December 2017 jurisdiction for private sector tenancy related disputes transferred to the First-tier Tribunal for Scotland Housing and Property Chamber. The Tribunal is allocating up to two cases to be heard each day. Tribunal members have sufficient time and expertise to scrutinise the content of rent statements. Accordingly, it is now more important than ever to ensure rent statements are accurate.
If you are relying on rent arrears as a basis for eviction, or you wish to lodge an application for payment
We previously blogged about what options are available to landlords where one joint tenant wants to leave a rented property and the other(s) wish to remain. That blog related to assured and short assured tenancies under the Housing (Scotland) Act 1988. So what happens when a Joint Tenant wants to leave a Private Residential Tenancy?
Landlords will be aware that under the Private Housing (Tenancies)(Scotland) Act 2016, all new tenancies created after 1st December 2017 will be Private Residential Tenancies (PRTs). The position regarding
Under the General Data Protection Regulation (2016/679), a Data Controller is under a strict obligation to report a GDPR breach to the Information Commissioner's Office (ICO) in the event that it meets certain requirements.
Time frame for reporting
You must report a personal data breach, under Article 33, without undue delay and not later than 72 hours after becoming aware of the breach. However, what does becoming aware mean? The Article 29 Working Party Guidance considers awareness being at the point where you have
Many organisations are currently preparing themselves for the General Data Protection Regulation. For many their initial focus for the forthcoming changes (May 2018) may be on their 'day to day business', but it is also important that their 'day to day business' includes their HR procedures. Consideration needs to be given to ensure their current procedures comply with the new Data Protection Regulations.
As before, organisations still have a right to obtain and hold personal data providing they adhere to the six data protection
The Private Housing (Tenancies) (Scotland) Act 2016 came into force on 1st December 2017. It introduced the new Private Residential Tenancy which replaced Assured and Short Assured Tenancies in Scotland from that date. Existing Assured and Short Assured tenancies will continue unaffected.
The new Private Residential Tenancy (PRT) offers significant security of tenure to tenants. The no-fault eviction basis available under the Short Assured Tenancy regime will not apply. PRTs will not have an end date and cannot be terminated at the landlord's instigation
There is currently no formal abandonment procedure for the Private Rented Sector under the Housing (Scotland) Act 1988 (1988 Act).
Despite the property appearing abandoned, generally private landlords have no legal right to recover the property in absence of a court order.
The Private Rented Tenancies (Scotland) Act 2016 (2016 Act) introduced a new type of tenancy called the Private Residential Tenancy (PRT). One of the benefits of the new tenancy is that abandonment by the tenant is a basis upon which the landlord can
Since 2012, landlords in Scotland have been required to lodge security deposits in one of three approved tenancy deposit schemes. Landlords should by now be well aware of their obligations to lodge deposits within 30 working days and to provide tenants with specific information relating to the tenancy and the deposit. However, our LetLaw team regularly receive queries in relation to the amount of deposit which can legally be requested from tenants. Here are some of our most frequently asked questions about tenancy deposits Scotland.
The Private Housing (Tenancies) (Scotland) Act 2016 will introduce a new tenancy regime to Scotland called the Private Residential Tenancy (PRT). This new tenancy is anticipated to take effect sometime in December 2017.
What happens to assured and short assured tenancies when the PRT takes effect?
The 2016 Act provides that a tenancy cannot be an assured or short assured tenancy if it is granted after the effective date. This means that from that date all residential tenancies let to individuals will, by default, constitute
Our blog headed 'Letting Agent Registration' (Less than) A Year To Go!' discussed the forthcoming requirements for letting agent registration following the enactment of the Letting Agent Registration (Scotland) Regulations 2016.
Anticipated Scottish Government guidance on letting agent registration has since been published and can be found here.
The guidance provides information on:
IMMIGRATION CHECKS DO NOT YET APPLY TO LANDLORDS IN SCOTLAND! We previously blogged about the UK Immigration bill which proposed duties on landlords to carry out immigration checks on prospective tenants - essentially checking if someone has the right to rent.
The bill became law on 1st December 2014 in connection with premises located in specific local authorities in England. On 1st February 2016, the scheme was rolled out to the whole of England.
The UK Government now intends to roll out this
Regular readers of our blog will be aware that the Housing (Scotland) Act 2014 made provisions for the mandatory letting agent registration, regulation and training requirements in Scotland.
The Letting Agent Registration (Scotland) Regulations 2016 were laid before the Scottish Parliament in December 2016 and will come into force on 31st January 2018.
The Regulations require the most senior person in a letting agency business (unless they have no input into the letting agency's day-to-day running) and all persons directly concerned with managing and
Landlords should be aware that the Housing (Scotland) Act 2014 introduced the requirement in Scotland for landlords to have an Electrical Installation Condition Report (EICR) carried out on all electrical installations, fixtures and fittings within their rental properties. The requirement has been in place since 1st December 2015 for any new tenancies entered into but from 1st December 2016, all tenancies must have a valid EICR, a copy of which must be provided to the tenant.
The EICR lasts for 5 years and
In Scotland, prescription is the law that regulates the period in which parties can pursue claims. If I was raising a court action - how long have I got?
Most claims in law prescribe after five years, which means that a party wishing to make a claim after that five year period may be prohibited from successfully raising that claim.
There are certain other categories of claim to which specific periods apply, such as product liability, defamation and harassment.
The purpose of allowing this period
Earlier this month a Scottish letting agent pled guilty to an offence under the Consumer Protection from Unfair Trading Regulations 2008. What was perhaps surprising was that the 'offence' committed by the letting agents was the failure to lodge deposits with an approved tenancy deposit scheme on behalf one of their landlord clients.
In terms of the Tenancy Deposit Scheme (Scotland) Regulations 2011, a landlord has a duty to pay any deposit received from a tenant into an approved tenancy deposit scheme within 30 working
