Justified Protection

orOver Regulation

Speakers

Clare DunlopSenior AssociateTurcan Connell

Paul Forrester Smith

AssociateTurcan Connell

Mark AndrewResident Factor, Haddo

Estate and

Surveyor Member of the PRHP

Regulation, Regulation, Regulation

• Rent (Scotland) Act 1984• Housing (Scotland) Act 1988• Furniture and Furnishings (Fire Safety) Regulations

1988• The Electrical Equipment (Safety) Regulations 1994• Gas Safety (Installation and Use) Regulations 1998• Anti-Social Behaviour etc. (Scotland) Act 2004• Housing (Scotland) Act 2006• Private Rented Housing (Scotland) Act 2011• Tenancy Deposit Schemes (Scotland) Regulations

2011

• Landlord Registration and HMO Licensing

• Tenancy Deposits

• Tenant Information Packs

• Premiums

Landlord Registration

• Owner must register

• Registration required before an approach made to a prospective tenant.

• Offence to let or approach tenant if not registered

• Maximum penalty now £50,000

Fit and Proper Person Test

Amended by Private Rented Housing (Scotland) Act 2011

• Now take into account firearms and sexual offences

• Examples of breaches of housing legislation and other matters given:-• Disqualification of landlord • Landlord having Anti-social Behaviour Order or Anti-social

Behaviour Notice against him• Failure to fulfil a financial obligation

• Local Authority can ask for Criminal Record Certificate

Provisions in 2011 Act not yet in force

• Landlord’s registration number to be shown on advertisements

• Court will have authority to make a Disqualification Order• Local Authority Powers to obtain information from:-

1. owner/occupier or person with other interest in the house;2. person acting in relation to a lease or occupancy agreement;3. person acting for an owner with a view to a lease or occupancy arrangement being entered into.

• PRHP to supply information to Local Authority about applications

Houses in Multiple Occupancy

Housing (Scotland) Act 2006

• Licence required in addition to requirement to register

• House will be an HMO if it is occupied by more than two people who are not members of one or one or other of two families

• Owner discounted when calculating number of occupants

Anti-Social Behaviour Notices

• Local Authority have power to serve on an owner

• Penalties include a right to stop the rent or for the Local Authority to manage a property if a landlord does not take action

Agent Registration

• Will this be next?• Agent to be fit and proper• Similar to Property Factors registration?

Tenancy Deposits

Tenancy Deposit Schemes (Scotland) Regulations 2011

• The Letting Protection Service Scotland (approved 5th April 2012) www.lettingprotectionscotland.com

• Mydeposits Scotland (approved 28th May 2012)www.mydepositsscotland.co.uk; and

• Safedeposits Scotland (approved 30th May 2012)www.safedepositsscotland.com

• Deposits received since 2nd July up until 1st October 2012 should be lodged with a scheme by 12th November 2012.

• Deposits received on or after 2nd October 2012 to be lodged within 30 working days of the beginning of the tenancy

• Remember to send Tenancy Deposit Scheme confirmation letter to tenant

Ensure that

• Your lease is clear as to what the landlord can claim from the deposit

• You have record of the condition of the property • You have an inventory of the contents and their

condition • Confirmation of lodging your deposit is sent to the

tenant• The letter sent to the tenant lists the situations where

a claim can be made from the deposit and that this accords with the lease

And more regulation to come ….

• Agent Registration

• Tenant Information Packs

• Premiums

Premiums

Current definition Rent (Scotland) Act 1984

• New definition Private Rented Housing (Scotland) Act 2011:-

“premium” means any fine, sum or pecuniary consideration, other than the rent, and includes any service or administration fee or charge.

Setting Up a Short Assured Tenancy

• Landlord Registered?• Energy Performance Certificate• AT5 Form • Repairing Standard Letter • Lease

6 month minimum duration• Inventory check • Pay deposit into Scheme • Tenancy Deposit Confirmation Letter to Tenant

Important Information

We take all reasonable care to ensure information contained within this document is accurate, however, we give no guarantee to the accuracy and completeness of the information or to any errors and omissions that may occur due to circumstances beyond our control.

Firm Information Turcan Connell is a Scottish Partnership regulated by The Law Society of Scotland. Registered office Princes Exchange, 1 Earl Grey Street, Edinburgh, EH3 9EE.

Risk WarningsInformation provided in this document and any opinions expressed are for general use and not personal to your circumstances, nor are they intended to provide specific advice. No information in this document should be viewed as an offer or recommendation to undertake any specific activity.

All information provided is based on our understanding of current legislation which is subject to change. It has been produced for information purposes only. Professional advice should always be sought before taking any action. Turcan Connell or any of its associated companies cannot take any responsibility for losses incurred through acting or failing to act on the basis of anything contained in this document.

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