Landlord responsibilities and advice
ESPC and its solicitors can offer guidance and information on financial planning and market information, to hints on making the most of your property when it comes to letting a property.
Letting a property can make great financial sense
but it's important you're aware of your legal rights and landlord
responsibilities. Before you do anything you must, by law, register
with your local authority as a private landlord.
Points to note:
Tenancy
When letting a property, the tenancy is automatically an assured
short hold tenancy in Scotland, unless you agree otherwise. The
length of the tenancy is up to you to agree with your tenant. You
can agree it should last for a set period (known as fixed term) or
you can leave it open-ended.
You are entitled to end the tenancy without giving a reason after
six months provided any fixed term you agreed has ended. You must
give your tenant two months' written notice.
Landlords' responsibilities
Your solicitor estate agent will be able to talk you through your responsibilities in detail. Primarily you will be responsible for the following:
- Maintenance and major repairs - including repairs to the property's structure and exterior, heating, basins, sinks, baths and other sanitary installations.
- Keeping a record of safety checks - usually you must issue these to the occupier within 28 days of each annual check. Gas appliances must carry safety certificates from a Gas Safe registered engineer.
- Electrical systems and appliances - you must ensure anything supplied with the let is safe to use. New appliances should be accompanied by an instruction booklet.
- Furniture and fittings - any furniture and fittings you supply must meet the fire resistance requirements in the Furniture and Furnishings Regulations 1988.
Multiple occupation
When letting a property to more than three tenants from more
than three families (such as multiple student lets) will require a
Houses in Multiple Occupation (HMO) licence. The application for an
HMO licence must come from the owner of the property which is going
to be let. If the day-to-day management of the property of the
property is carried out by someone other than the owner, e.g. a
letting agent, then they will be named on the licence as a joint
licence holder.
Objections can be raised by neighbours when it comes to renewal so
it's in your own best interests to ensure quality tenants. Always
check references and ensure they keep to their agreement to respect
neighbours, tidy the lawn and clean the communal stairs.
If you need further advice contact one of our ESPC letting agents
who will be pleased to help.
Advertising a property to let with ESPC
Choose an ESPC member to market your property and you can see
your home advertised:
Online at espc.com - East Central Scotland's biggest property
website with over 200,000 unique visitors a month.
In The ESPC Paper - ESPC's free weekly property guide with 30,000
copies distributed each week.
On top of that, all our member firms are regulated by the Law
Society of Scotland meaning you can rest assured that your property
is being looked after by an experienced professional.
To find out more about seeing your property advertised through
ESPC speak to your solicitor estate agent, or to find a solicitor
click here.
ESPC,
90a George Street,
Edinburgh,
EH2 3DF