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Property Letting Information

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Letting properties can be challenging, even for experienced landlords, which is why we are pleased to offer a comprehensive range of services for landlords. We can assist with all aspects of letting property, from setting the rent at the right level and helping to find a suitable tenant, to giving advice on your rights and responsibilities as a landlord. We are proud to have experienced Solicitors who keep abreast of the relevant legislation to properly advise our clients. Our solicitors deal with all aspects of leasing and have the ability to deal with disputes, all the way through to handling court proceedings, if necessary.



What can we offer you?

1. Finding a tenant

We can carry out a rental valuation assessment of your property, prepare property schedules and advertise in our office and/or window displays, on our website and in the local Solicitors Property Centre.  Finally, we can obtain personal references and financial information about prospective tenants on your behalf.

2. Preparing a Lease

Using the correct lease documentation and serving the correct notices on your tenant prior to the commencement of the lease is absolutely vital. If this is not done correctly, you may find that it becomes difficult to terminate the lease in the future. We can make sure this is all done correctly, giving you peace of mind.

 

3. Terminating your Lease

When letting a property, it is important to know that you can recover possession when required. It is very important that proper notices are served to formally end the lease, and we can assist with this.

What are you required to do before letting your property?

 

When letting a property, it is important to know that you can recover possession when required. It is very important that proper notices are served to formally end the lease, and we can assist with this.


If you are thinking about letting, there are various statutory controls with which you are required to comply in order to ensure the protection of your tenants, and there are various steps you need to take at an early stage. We can talk you through this if it helps, but the most important of these are:

1. Lenders’ Consent

Where you have a mortgage over the property you must obtain the prior written consent of your lender to the let or otherwise you may be in breach of your loan agreement.

2. Tax

You should ask your Accountant/Tax Advisor for advice regarding Income Tax payable on lettings whether you let in the UK or otherwise. A Certificate from the Inland Revenue will be required where the Landlord is non-resident in the UK and wishes us to manage their property.

3. Landlords’ Repairing Standard

There is a minimum standard to which you are required to keep any property you rent out. For more information please click here  Please note that Miller Hendry is not responsible for the content of external sites.

4. Registration as a Private Landlord

Since 30 April 2006, all private landlords have been required to register with their local authorities. It is an offence to operate as a private landlord without registering, carrying a maximum fine of £50,000. For information on how to register click here or click here

5. HMO Licensing

If you intend to rent your property to three or more people who are not from the same family, you must also obtain an HMO (House in Multiple Occupation) Licence. For more information please click here

6. Gas Safety Regulations

Under the Gas Safety (Installation and use) regulations 1998, a property must have a gas safety certificate before it can be let out. This must be renewed every 12 months and should not be confused with an annual service. For more information click here.

6.1 Electrical Safety Regulations

Periodic electrical inspections (PEI): It is a statutory requirement for rented properties that the electrical installation complies with British Standard BS7671.  We recommend that the installation be inspected and certified every three/five years depending on the age of the property.
Portable Appliance Test (PAT): A Portable Appliance Test covers “portable items” and the earth bonding. We recommend this is carried out on an annual basis. 

7. Smoke Alarms in Private Rented Properties

The Repairing Standard was introduced with effect from 3 September 2007 and is contained within Chapter 4 of the Housing (Scotland) Act 2006.  The Repairing Standard requires a landlord to ensure that “there is satisfactory provision for detecting and giving warning of fires”.  The current minimum requirement is to provide at least:

One functioning smoke alarm in the room which is frequently used by the occupants for general daytime living.
One functioning smoke alarm in every circulation space, such as hallways and landings.
One heat alarm in every kitchen.
All alarms should be interlinked. 
The number and position of the alarms will depend on the layout and size of the house.  A Building Warrant is required and you should contact Building Standards to confirm their requirements.  

Battery powered smoke detectors must be replaced to meet the above standard and existing hardwired installations must be upgraded to the new standard. 

This work will require to be carried out by a competent Electrician who will provide you with a Minor Works Certificate on Completion.

It is also advisable to have carbon monoxide detectors fitted if there are gas appliances in the property. 


8. Energy Performance Certificate

All rented properties are required to have an Energy Performance Certificate obtained within the past ten years. We can arrange this for you through a local surveyor. 

9. Soft Furnishings

As the Landlord, you are also responsible for ensuring that all soft furnishings i.e. sofa beds, cushions etc comply with Fire and Furnishings (Safety) Regulations 1988 as amended. Where furniture was manufactured after 1990 it will almost certainly comply as retailers, manufacturers and importers have had to meet these standards since then. In any lets, however, any new replacement furniture introduced into the property must be to current safety standards. For more information click here.

 

10. Insurance

Your Insurance Policy may prohibit letting. You must advise your insurers that you intend to let your property in order that any necessary alterations to your Policy may be made.

If you require any information about letting, please do not hesitate to contact any of our estate agency offices in PerthDundee or Crieff.


11. Legionnaires Disease – The control of legionella bacteria in water systems


Legionnaires Disease can be life threatening and is caused by a bacteria linked with man made water systems such as tanks, pipes and showers and where the water is subject to particular conditions of temperature and irregular use.  Landlords have a duty to carry out a risk assessment of the water systems in the tenancy and are required to abide by the Health and Safety Executive (HSE) Code of Practice to identify any risks and a course of action to manage the risks.  

The HSE have an Approved Code of Practice and Guidance as regards Legionnaires Disease.  This confirms that private landlords have a duty to carry out risk assessments on water systems in their properties.
 
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