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Friday, 7 April 2023

Tenants can legally withhold rent from Landlords (If these are not in place)

 Certifications Landlords Need to Have in Place Before Letting Out to a Tenant in Scotland: A Detailed Guide

Introduction:

In Scotland, landlords must have certain certifications in place before letting out a property. These certifications are designed to ensure the safety and wellbeing of tenants and ensure that the property meets certain standards. This guide will discuss the various certifications that landlords need to have in place before letting a property in Scotland.

  1. Gas Safety Certificate:

The Gas Safety (Installation and Use) Regulations 1998 require landlords to have a gas safety certificate for every gas appliance in the property. This certificate must be renewed every 12 months and must be carried out by a Gas Safe registered engineer. The certificate must be provided to tenants before they move into the property.

The gas safety certificate confirms that all gas appliances, including boilers, fires, and cookers, have been tested and are safe to use. Any issues identified during the inspection must be rectified before the property can be let out. This certification is crucial as gas safety is a major concern and negligence in this regard can lead to serious accidents or even fatalities.

  1. Electrical Installation Condition Report:

Landlords are also required to have an Electrical Installation Condition Report (EICR) in place before letting out a property. This report must be carried out by a qualified


electrician and must be renewed every 5 years or earlier if recommended by the electrician.

The EICR confirms that the electrical installation in the property is safe and meets the requirements of the Wiring Regulations. Any issues identified during the inspection must be rectified before the property can be let out. The aim of this certification is to ensure that the electrical wiring in the property is safe and poses no risk to the tenant.

  1. Energy Performance Certificate:

Landlords are required to provide an Energy Performance Certificate (EPC) to prospective tenants before they move into the property. The EPC rates the energy efficiency of the property and provides information on the estimated energy costs.

The EPC is valid for 10 years and must be carried out by a qualified energy assessor. The rating on the EPC ranges from A (most efficient) to G (least efficient). Landlords must ensure that the rating is at least an E before letting out the property. This certification aims to ensure that the property meets minimum energy efficiency standards, thus reducing energy bills for tenants and contributing towards Scotland’s climate targets.

  1. Legionella Risk Assessment:

Landlords are required to carry out a Legionella Risk Assessment to ensure that the water supply in the property does not pose a risk to tenants. This assessment must be carried out by a qualified person and must be renewed every 2 years.

The assessment will identify any areas where Legionella bacteria may be present, such as in stagnant water in pipes or tanks. Any issues identified during the assessment must be rectified before the property can be let out. This certification is vital as Legionella bacteria can cause Legionnaires’ disease which is a serious form of pneumonia that can be fatal.

  1. Smoke and Carbon Monoxide Alarms:

Landlords are required to have smoke alarms installed in every room that is used as living accommodation, as well as in any hallway or landing. Carbon monoxide alarms are also required in any room with a solid fuel burning appliance.

The alarms must be in good working order and must be tested before the tenant moves in. After that, it is the tenant's responsibility to test the alarms regularly and report any issues to the landlord. This certification aims to ensure that tenants are aware of any potential dangers and can act accordingly in case of an emergency.

  1. Landlord Registration:

Landlords in Scotland are required to register with their local council before letting out a property. This registration must be renewed every

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