Sunday 7 March 2021

Private Landlord Registration Scotland

Landlord, Registration

Private Landlord Registration

From April 2006, under The Antisocial Behaviour etc. (Scotland) Act 2004 it has been a legal requirement that all private landlords register with the Local Authority in which they are renting property. The aim of registration is to improve standards for the sector and remove the worst landlords.  Legal obligations as a landlord.

You must register your own details and details of any property you are letting. Failure to register is a criminal offence and will disqualify an individual, organisation and/or agency from acting landlords. Please note, registration is NOT considered valid until full payment is received. 

How do I register?

You can apply on the Landlord Registration website.  Please note fees are payable at the time of application and must be made electronically.  

Download a copy of the Landlord Registration Application Form. 

IMPORTANT!  Please do not use the address of the property you are intending to rent out as your contact address. This will result in any correspondence we send to you being returned marked addressee has gone away.

Landlord Registration Update – Changes to Fees

The Scottish Government Fees and Charges for Landlord Registration have now been increased as follows:

Principal Fee £66

Property Fee £15 (per property)

Late Application Fee £132

Discounts are available for:

  • Landlords who own properties in more than one local authority area, where their applications are linked
  • Joint owners where a lead owner has already paid the principal fee
  • Landlords who have a current House of Multiple Occupancy (HMO) licence
  • Registered Scottish charities
  • All discounts are automatically applied to online applications

If your application is due for renewal please ensure you renew on or before the expiry date to avoid a Late Application Fee. The Registration system issues reminders by email at 90 and 30 days prior to expiry, so please ensure your email address is correct. Please also ensure junk mail or spam folders are checked at regular intervals.

What happens after I am registered?

Once your registration is approved, it will be valid for three years from the approval date. You will receive an approval letter by email. The approval letter is the most important document you will receive as it is proof you hold a valid registration.  It is good practice to record your landlord registration number and the expiry date in your phone or computer's calendar for future reference.  If you use an agent to manage your property you should provide them with a copy of your registration number for their records. The registration number is purely a reference number and NOT proof of valid registration.

In accordance with the Legislation for the Regulation of Private Landlords under the Antisocial Behaviour etc. (Scotland) Act 2004 all landlords have a legal obligation and responsibility to maintain their registration details and keep them current at all times. They must also notify the Local Authority (in writing or by email) of any change in circumstance (e.g. change of address, adding or deleting properties, no longer practicing as a landlord). Failure to do so is an offence under the act.

It is the Local Authority's legal obligation to maintain the Register and to provide advice and assistance relevant to the registration scheme. It is not the Local Authority's responsibility to maintain landlords' registration details.

Renewal of registration

Please ensure you keep all of your details up to date, especially your email address, as you will be sent a reminder by email prior to the renewal date.  You are required to renew your registration on or before the expiry date in order to enable you to continue letting legally; failure to renew whilst still letting properties will lead to non-registration and sanctions being imposed.

The system generates a Late Application Fee of £130 automatically at the expiry date.  You can renew your registration with the Scottish Landlord Register up to 3 months in advance of the expiry date or request a paper renewal by contacting us.

You are required by legislation to inform the Local Authorities, to which you have applied, of any changes to your registration details particularly the sale or purchase of rental properties, your contact address, telephone number and e-mail address, if applicable.  You can make these changes at Landlord Registration using your registration number, name and date of birth.  You will then receive a temporary code by email to allow you to access your details.  Please note the code is valid for 30 minutes.  If you don't use it in that time you must request a new code.

Register of Letting Agents

Everyone carrying out letting agency work needs to apply to join the Scottish Letting Agent Register by 1 October 2018 if they want to continue doing it. The register is run by the Scottish Government.

From 1 October 2018 it will be against the law for a business to carry out letting agency work without having applied for registration.

Before they can add them to the register, Scottish Ministers will have to decide whether the people in charge of a business applying to the register are 'fit and proper' persons to carry out letting agency work. Certain key people working in the business also need to have had a minimum standard of training.

To decide if someone is a 'fit and proper' person, Scottish Ministers will consider a range of information about that person including whether they have been convicted of offences involving fraud, violence, drugs, firearms, sexual offence or broken housing law.

Once the register is fully up and running, you will be able to check if the letting agent you use (or are thinking of using) is allowed to carry out letting agency work.

If they're a registered letting agent, they'll have a unique letting agent registration number that they must put on all their communications and advertising. You'll use this number to check whether they're registered.

If you have a problem with your letting agent

If you're a landlord and you have a letting agent managing your property, there are a number of things you can do if you aren't happy with their work.

Check your contract

The first thing you should do is look at the 'terms of business' or business contract you have with your letting agent.

This should give details of the agreement you made with your agent on how they'll manage your property.

It will explain the services the agent will carry out for you, as well as how much authority they have to act on your behalf without checking with you first.

If there's a certain part of your letting agent's services you're unhappy with, you may want to ask them for their policy or procedure for that specific service.

Check the Code of Practice

Your letting agent has to follow the Letting Agent Code of Practice from 31 January 2018.

If you aren't happy with the way they're carrying out certain work on your behalf, check what the Code of Practice says about that service.

If your agent has failed to do what the Code of Practice says is required of them, you can make a formal complaint.

Make a formal complaint

You can make a formal complaint to your letting agent if you believe they've failed to either:

  • do what they agreed to in their 'terms of business' or business contract, or
  • follow the rules of the Letting Agent Code of Practice

The Code of Practice says that all agents must have a written complaints procedure. If you don't know your agent's procedure, they should be able to give you it.

Your complaint should be in writing, and you will need to give the agent a reasonable amount of time to respond.

Apply to a housing tribunal

If you think your letting agent has broken the rules of the Code of Practice and you can't resolve the problem with them (or they don't respond within a reasonable time), you can take your complaint further.

You can do this by making an application to the First-tier Tribunal for Scotland (Housing and Property Chamber). 

The Tribunal is a legal body that looks at disputes between landlords and tenants when a lettings agent doesn't meet the standards of the Code of Practice.  More information on applying to the Housing and Property Chamber is available on the Tribunal website.

Letting agents must have applied to join the Register by 1 October 2018 to continue to operate. They still have to follow the Code of Practice from 31 January 2018 though, so you can still take a case to the tribunal even if they aren't registered yet.

There's no fee to make an application to the Tribunal.  The Tribunal will be informal and the proceedings will be flexible to help resolve issues.

You don't need a lawyer to represent you – you can do it yourself, or use an advocate or other person to help you. You can also bring along someone to act as a supporter for you – they can, for example, give you moral support, take notes for you or help manage your documents.

If the Tribunal agrees with your complaint, they can issue a 'letting agent enforcement order'.  This instructs the letting agent to carry out a set of steps to fix the problem and make sure they're following the Code.

It's against the law for a letting agent to not follow the instructions of an enforcement order. They can be prosecuted if they ignore it.

The Tribunal will also let Scottish Ministers know if the letting agent hasn't carried out the order. The agent could be banned from doing any more letting agency work.

Get more information on the Register of Letting Agents and the Code of Practice.

As a landlord you have legal obligations in respect of the following:

Energy Performance Certificates

You are required to provide your tenants with a copy of an Energy Performance Certificate (EPC).  An EPC is a document which states the energy efficiency of a property based on the standardised way the property is used and provides the property owner with a number of ways in which the energy efficiency could be improved.  The energy performance rating has to be included in any advertising.  Failure to do so may incur a fine of up to £1000.  You can find an EPC assessor at www.scottishepcregister.org.uk

As EPCs are valid for 10 years you can check if there already is one in place for your property at www.scottishepcregister.org.uk

Gas Safety

If your property has Gas including Calor Gas, Natural Gas or similar, you are legally required to have a safety check carried out by a Gas Safe Registered engineer annually. The tenant must receive a copy of the Landlord's Gas Safety Certificate within 28 days of the check or before they move in for new tenants. You must keep these records for 2 years.

Your tenant must allow a Gas Safe Registered gas engineer access to your property to carry out safety checks and, if necessary, repair work.  You should give your tenant adequate notice of the gas safety inspection.

Information on gas safety can be found at www.gassaferegister.co.uk

Electrical Safety

You must ensure that all reasonable steps are taken to ensure that all electrical appliances supplied as part of the let are safe to use.

All electrical works must be carried out by a "competent person". (i.e. a registered electrician. Such electricians work to the UK national safety standard BS 7671(otherwise known as the IEE Wiring Regulations).

You should arrange for a qualified electrician to carry out:

In each case, an electrical safety report should be obtained from an approved electrical contractor to ensure equipment or circuits conform to current Electrical Regulations.  Following this advice and taking any action indicated as necessary should help to keep your tenants and your property safe.

Guidance for landlords in Scotland is available from the Electrical Safety Council website.

Fire Detection

As a landlord you are required to make satisfactory provision for the detection and warning of fires.  This means that you must have at least:

  • One functioning smoke alarm in the room which is frequently used by occupants for general daytime living purposes.
  • One functioning smoke alarm in every circulation space, such as hallways and landings.
  • One heat alarm in every kitchen.
  • All alarms should be either mains-operated alarmor tamper proof long-life lithium battery alarms. Alarms must also be interlinked and this can be done via wires (hardwired) or wirelessly (by radio communication).

The number and position of alarms will depend on the size and layout of the property.

If your property is a furnished let then you must also ensure that your furniture is fire resistant and conforms to current Regulations.

For more general fire safety advice you can also visit the websites for Fire Law Scotland or Fire Scotland, where you can obtain details about their home safety check.

Carbon Monoxide Detection

From 1 December 2015 it is a requirement for private rented properties to have satisfactory provision for giving warning if Carbon Monoxide (CO) is present in a concentration that is hazardous to health.

Carbon Monoxide detectors must be installed in all dwellings where there is:

  • A fixed combustion appliance (excluding an appliance used solely for cooking) in the dwelling. This includes boilers, fires (including open fires), heaters and stoves fuelled by solid fuel, oil or gas
  • A fixed combustion appliance in an interconnected space, for example, an integral garage

A Carbon Monoxide detection system is not required in an attached out building or garage where there is no inter-connection with the house e.g. a door. If there is no way Carbon Monoxide could reasonably be expected to find a path into the house there is no need for a detector

Legionella

Landlords have a duty to carry out risk assessments on their water systems in all their properties to source potential risks of legionella. The Health and Safety Executive states that most landlords can assess the risk themselves, but if you wish there are companies that can carry out this assessment for you for a fee.

www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm

The Repairing Standard

You have a legal responsibility to ensure the property you rent out meets a minimum standard of repair for private rented properties – known as the Repairing Standard.

A house meets the Repairing Standard if:

  • It is wind and watertight and fit for human habitation
  • The structure and exterior of the house – including drains, gutters and external pipes – are in a reasonable state of repair and in proper working order
  • The installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in a reasonable state of repair and in proper working order
  • Any fixtures, fittings and appliances provided by you under the tenancy are in a reasonable state of repair and in proper working order
  • Any furnishings provided by you under the tenancy can be used safely for the purpose they are designed for
  • The house has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire
  • The property must have satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health

You must inform your tenants about the Repairing Standard before the tenancy starts. If you fail to carry out repairs, your tenant can request that the Housing and Property Chamber consider their case.

Your tenant should provide access to allow repairs to be carried out. Unless it’s an emergency you should give your tenant at least 24 hours notice in writing.

Housing and Property Chamber - Repairs

If your property does not meet the Repairing Standard, your tenant will be able to apply to the Housing and Property Chamber for a decision on whether you as a landlord have breached the Repairing Standard.

Your tenant has to notify you that the work needs to be done and give you a reasonable time to complete the work, before making an application to the Housing and Property Chamber.

Any notification of repairs must be made in writing as this may later be used as evidence if they proceed to making an application to the Housing and Property Chamber. Should you fail to carry out the repairs in a reasonable timescale your tenant can then make an application to the Housing and Property Chamber who will then investigate their complaint.

If the Housing and Property Chamber finds that you have failed to meet the Repairing Standard they will issue a Repairing Standard Enforcement Order (RSEO) requiring you to carry out the work. It is a criminal offence not to comply with a RSEO without a reasonable excuse, and to re-let a property subject to a RSEO. If you still fail to comply with the RSEO the Housing and Property Chamber will formally notify West Dunbartonshire Council and may also issue a Rent Relief Order, which can reduce the rent by up to 90%, and inform the Procurator Fiscal.


Housing and Property Chamber – Right of Entry

As a landlord you have a right of entry to your property for the purpose of:

  • Viewing the condition for the purpose of determining whether the house meets the Repairing Standard and/or
  • Carrying out any work necessary to comply with the Repairing Standard duty or a Repairing Standard Enforcement Order.

You should firstly notify your tenant in writing of the need for access and why it is required. If you are having difficulty accessing the property you can apply to the Housing and Property Chamber for assistance. The Housing and Property Chamber can assist in arranging a suitable date for access and where required fix a date and time for access if a tenant and landlord are unable to agree.

Sunday 14 January 2018

Tenants can take legal action against Landlords 2021


Tenants will be able to take legal action against landlords whose properties are "unfit for human habitation", under a move revealed by the Housing Secretary today. These legislations include Landlords to ensure the have Certificates of compliance such as EICR, PAT Testing, and Smoke and heat alarms installations through the property.
The Government will support legislation put forward by a Labour MP requiring that all landlords ensure that their property "is fit for human habitation at the beginning of the tenancy and throughout".
Where landlords fail to meet their obligations, tenants will be able to take legal action for breach of contract, the Ministry of Housing said.
The measures are outlined in a private member's bill put forward in the Commons by Karen Buck, a London MP and former Labour minister.
Announcing his support for the bill, Sajid Javid, the Housing Secretary, said: “Everyone deserves a decent and safe place to live. Councils already have wide-ranging powers to crack down on the minority of landlords who rent out unsafe and substandard accommodation.
“However, public safety is paramount and I am determined to do everything possible to protect tenants. That is why Government will support new legislation that requires all landlords in the Westend of Glasgow to ensure properties are safe and give tenants the right to take legal action if landlords fail in their duties.”
The announcement comes after Nicola Sturgeon announced  that housing will be one of the main focuses of her premiership in Scotland and in Particular her own constituency of Glasgow.
Today the government also announces the details of a panel, chaired by Sir Oliver Letwin, the Conservative MP, examine the problem of large areas of land remaining undeveloped despite firms having permission to build on them.
The panel, which was instigated by Philip Hammond, the Chancellor, in last year's Budget, will include Lord Hutton of Furness, the former Labour business secretary, and Professor Christine Whitehead, emeritus professor of housing economics at the  London School of Economics.
Dominic Raab, the new housing minister, will chair a fortnightly meeting to oversee the group's work.
Sir Oliver said: “This Government is serious about finding ways to increase the speed of build out as well as tackling the complicated issues surrounding it."

Wednesday 3 August 2016

Gas Safe Contractor Glasgow

Boiler replacement Glasgow

Heating accounts for about 60 per cent of what you spend in a year on energy bills, so an efficient boiler makes a big difference.
Modern boilers are more efficient for several reasons, but their main advantage is that they are all condensing boilers. All well-maintained boilers burn their fuel very efficiently, but they inevitably lose some heat in the hot gases that escape up the flue. A condensing boiler has a larger heat exchanger, so it recovers more heat, sends cooler gases up the flue and is more efficient.
Sometimes the flue gases get so cool that the water vapour in the gas condenses out (hence the name), and even more energy is recovered from the condensing vapour.

What should I consider when replacing my boiler?

If it is time to change your boiler, you need to decide what type of boiler is right for you. Here are some things to consider:

Fuel type

If you have mains gas, a gas boiler is likely to be the cheapest heating option. Our fuel prices as of March 2016 suggest that oil heating is currently a cheaper option, however historically oil heating has been more expensive.
If you don’t have a gas supply to your home, it might be worth considering a form of low carbon heating such as a heat pump or biomassWith the renewable heat incentive these may be a cheaper overall.
Alternatively you may want to get a gas connection to your home. The company that owns and operates the gas network in your area may be able to help with the cost of getting a new connection, and it may even be fully funded. Contact Energy Networks Association for further information.

Boiler type

Most old gas and oil boilers are regular boilers that have a separate hot water cylinder to store hot water, rather than providing it directly from the boiler. When you replace your boiler you can buy a new regular boiler, and keep your hot water cylinder, or buy a combi boiler that doesn't need a cylinder.
A regular boiler is more efficient than a combi at producing hot water in the first place, but then some heat is lost from the hot water cylinder, so a combi may be more efficient overall.

Your hot water usage

Large families using lots of hot water are likely to be better off with a regular boiler, whereas smaller households using less may be better off with a combi boiler.

Space in your home

Combi boilers don’t need hot water cylinders, and so require less space in your home.

Compatibility with solar water heating

If you’re thinking of installing solar water heating, it’s worth noting that many combi boilers are not compatible with this heating system or cannot use it so effectively. 

Finding an installer


It’s worth getting three quotes from different installers, and you may also want to check that installers:
  • have a local office
  • have been in business locally for several years
  • have customer references that you can review.
Your registered installer will ensure that your system complies with current building regulations, and will make sure you get all the documentation to prove this. Keep these documents safe; you will need them when you sell the property.

How much could I save each year?

This will depend on how old and inefficient your existing boiler is and the fuel your boiler uses. Below are some examples of potential savings for a home heated by gas central heating.
Upgrading an old gas boiler with a programmer and room thermostat, with a new A-rated condensing boiler with a programmer, room thermostat and thermostatic radiator controls (TRVs) could save you:

England, Scotland and Wales

Old boiler rating
Semi-detached house
Detached house
Detached bungalow
Mid terrace house
Mid floor flat
G ( < 70%)
£215
£350
£180
£175
£95
F (70–74%)
£145
£240
£125
£120
£65
E (74–78%)
£115
£190
£95
£95
£50
D (78–82%)
£85
£140
£70
£70
£35
These are estimated figures based on installing a new A-rated condensing boiler with a programmer, room thermostat and thermostatic radiator controls (TRVs) in a gas-heated home from an older boiler with a programmer and room thermostat. Savings will vary depending on the size and thermal performance of your home. Figures are based on fuel prices as of March 2016.
The costs for replacing a boiler will vary, but a straightforward gas boiler replacement plus thermostatic radiator valves will typically cost about £2,300 excluding radiators.

Northern Ireland

Old boiler rating
Semi-detached house
Detached house
Detached bungalow
Mid terrace house
Mid floor flat
G ( < 70%)£185£285£160£155£86
F (70–74%)£125£200£105£105£60
E (74–78%)£100£155£80£80£45
D (78–82%)£75£120£60£60£30
These are estimated figures based on installing a new A-rated condensing boiler and full set of heating controls in an oil-heated home. Savings will vary depending on the size and thermal performance of your home. Figures are based on fuel prices as of March 2016.
The costs for replacing a boiler will vary, but a straightforward oil boiler replacement plus thermostatic radiator values will typically cost about £3,000.

What else can I do to improve my central heating system?

Heat recovery devices and systems

Some of the heat generated by your boiler escapes through the flue. Passive flue gas heat recovery systems capture some of this lost energy and use it to heat your water, making your heating system more efficient and saving you money. gas safe glasgow

Hot water cylinders

New hot water cylinders are factory insulated to help keep your hot water at the right temperature for longer. They play an important role in supplying you with readily available hot water, so it’s important that they are fully insulated to prevent heat escaping.
If you have an old cylinder you could save £25-£35 a year by topping up the insulation. Alternatively if you are replacing your cylinder, you can save energy by making sure that the cylinder is no bigger than you need it.

Chemical inhibitors

Corrosion deposits in an older central heating system can cause a substantial reduction in the effectiveness of the radiators, and the system as a whole. The build-up of scale in heating circuits and on boiler components can cause a reduction in efficiency too.
Using an effective chemical inhibitor can decrease the corrosion rate and prevent the build-up of sludge and scale, thus preventing deterioration and helping to maintain efficiency.

Friday 3 June 2016

Electricians in Clydebank



Shipbuilding  Clydebank

The River Clyde has been a centre for shipbuilding for hundreds of years, with boats being built in the area possibly as early as the 15th century.
However, it was during the 19th century, in places such as Bowling Harbour, Denny's Shipyard in Dumbarton, John Brown's Shipyard at Clydebank and Govan Graving Docks, that shipbuilding became a real source of commerce for Glasgow.
The advent of the The steam engine marked massive opportunities for Glasgow to expand its heavy industry.Between 1844 and 1963, Denny's shipyard alone built over 1500 ships. The Denny family was involved in building the first steamship that crossed the Channel (1814), the first turbine steamer (1901), and the first diesel-electric paddle (1934), to name a few. Also well-known from Dumbarton was the fast clipper Cutty Sark, currently a visitor attraction in London.
For many, though, the heart of the shipping industry in Glasgow lay in Govan and the Fairfield Shipyards. At Fairfield, Robert Napier, known as 'the father of shipbuilding on the Clyde', trained many of those who went on to establish leading shipyards,including John Brown's Shipyard in Clydebank. These shipyards grew towards the end of the nineteenth century to become the some of the leading suppliers of the Royal Navy, as well as building liners and steamers, and the tradition continues today with BAe Systems yards at Govan and Scotstoun.
A shipbuiding landmark on the Clyde is the Finnieston Crane at Yokhill. Completed in 1931, it was primarily used to load large steam ocomatives for exportation. In addition, it was used to fit large ships' engines. This impressive machine is still in working order.
After World War Two the shipping industry went into decline and by the 1960's, Fairfield had collapsed.
Recently, however, regeneration of the Clyde Waterfront has attracted new industry to the area, including financial services, digital media and tourism. However, the long tradition of Shipbuilding in the area continues.

Friday 27 May 2016

Certificates 4 Landlords - Smoke Alarms

Introduction


From the 1st October 2015 regulations require smoke alarms to be installed by qualified electricians in rented residential accommodation and carbon monoxide alarms in rooms with a solid fuel appliance. Changes are also made to the licence requirements in relation to houses in multiple occupation (HMOs), such as shared houses and bedsits which require a licence and also in relation to properties which are subject to selective licensing. The Regulations apply both to houses and flats. Failure to comply can lead to a civil penalty being imposed of up to £5,000.
These provisions only apply in England; not Wales.

Who is affected?

The requirements are imposed on the immediate landlord. There is an exemption for providers of social housing. A tenancy includes a licence to occupy a residential premises and it also extends to subletting for these purposes.
In the case of a licensed HMO or where there is a selective licensing it is the responsibility of the licence holder to ensure that mandatory conditions imposed in relation to the installation of alarms are complied with.

The premises affected

These duties apply to residential premises which means premises all or part of which comprise a dwelling. Thus, it will apply to a flat over a shop. If the property is a licensed HMO or subject to selective licensing there are mandatory conditions imposed on licences.
The premises must be let under a specified tenancy or a licence. This is a tenancy or licence of residential premises which grants one or more persons the right to occupy premises as their only or main residence. Rent or a licence fee must be payable.
There are various exemptions:-
  • A tenancy under which the occupier shares any accommodation with the landlord or a member of the landlord's family. There must be a sharing of an amenity which includes a toilet, personal washing facilities, a kitchen or a living room but excludes any reference to storage or access.
  • A tenancy which is a long lease or which grants a right of occupation of the premises, i.e. for more than 21 years.
  • Student halls of residence.
  • Hostels
  • Care homes
  • Hospitals
  • Accommodation relating to health care provision

Requirement for Smoke alarms

During any period beginning on or after 1st October 2015 while the premises are occupied under a tenancy (or licence) the landlord must ensure that a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation. A living room will include a lounge dining room and kitchen as well as a bathroom or toilet. It also includes a hall or landing. This means that a smoke alarm must be provided in working order on each storey. The RLA takes the view that mezzanines are caught by this legislation where they contain a room used wholly or partly as living accommodation, including a bathroom or toilet. As regards individual flats located on one floor then there will have to be at least one alarm within the flat itself or alternatively are provided outside the flat on the same floor of the building, i.e. a communal alarm.
Likewise, for flats comprising more than one storey there will need to be a smoke alarm on each floor.
It is the location of an alarm which sounds which is crucial; not the positioning of detectors.
The Regulations do not stipulate what kind of alarm is required. Ideally it should be a hard wired alarm system. It can, however, be a single standalone alarm. Landlords are recommended by the RLA to fit ten year long life tamper proof alarms, otherwise there is a problem of batteries being taken out and not being replaced.
As a final note, heat detectors are not considered sufficient. It will have to be a smoke detector.

Carbon monoxide alarms

Additionally, landlords must ensure that there is a carbon monoxide alarm fitted in any room that is used partly or wholly as living accommodation which also contains any appliance which burns, or is capable of burning, solid fuel. This would include log and coal burning stoves and open fires, even if they are not normally in use, but does not include gas and oil boilers. If an open fireplace is purely decorative and not useable then it is not covered by the regulations.
Gas is not a solid fuel and so there is no requirement to fit one near a gas boiler. It is still advisable as best practice however.

Checks

The landlord is specifically required to carry out a check to ensure that smoke alarms or carbon monoxide alarms installed to comply with the Regulations are in proper working order on the day a tenancy begins where it is a new tenancy. A new tenancy is a tenancy granted on or after 1st October 2015.
For these purposes a new tenancy does not include a tenancy which was granted where the original agreement was entered into before 1st October 2015; nor does it include a periodic statutory tenancy which arises when a fixed term shorthold tenancy ends. It does not apply to a tenancy which starts at the end of an earlier tenancy where the landlord and tenant are the same as under the earlier tenancy and the premises are the same (or substantially the same) as those under the earlier tenancy. Therefore this express requirement to check does not apply to the renewal of a tenancy for the same premises by the same landlord to the same tenant. This should not be confused with the requirement to install detectors and alarms which applies to tenancies in existence before October 1st 2015.
In our view, landlords should not be under a false sense of security because of this provision. Our reading of the regulation is that there is an ongoing obligation to ensure that any smoke alarm or carbon monoxide alarm installed to meet these requirements is in working order. Alarms should therefore be checked periodically to see that they are working properly. There is no reason why this responsibility should not be placed on the tenant and the government guidance does suggest the tenant check monthly. However, the landlord will then have to make sure that the tenant does actually carry out the checks. If challenged, a landlord could have to show that a proper system has been put in place to check alarms regularly.

Placement of Alarms

The regulations do not tell landlords where to place the smoke alarms, instead the guidance suggests the landlord follow the manufacturer's instructions which will typically be at head height between 1-3 meters away from the solid fuel burning source for carbon monoxide alarms and in a circulation point for smoke detectors.

HMOs and Selectively licensed properties

As from 1st October 2015 new licence conditions will be included requiring the provision of smoke alarms and fire detectors. In the case of HMO licences they already contain provisions for alarms in any case. The regulations themselves are not applicable in this kind of accommodation.

Enforcement

The local authority is responsible for enforcement.
A local authority must serve a remedial notice within 21 days where they have reason to believe that the landlord is in breach of any of these duties relating to smoke alarms or carbon monoxide alarms. A remedial notice must specify the action to be taken within 28 days of the date of the service of the notice. It allows the landlord 28 days to make representations against the notice.
The landlord must then take the required action within the period allowed. There is an excuse for a landlord for non-compliance with the notice if the landlord can show that he has taken reasonable steps to comply with the duty, but the landlord is not required to take legal proceedings. This could cover a situation where the tenant refuses access to allow the work to be done.
If the landlord fails to take action then the local authority must, if it has the necessary consent to do so, arrange for the work required to be undertaken within 28 days of consent being obtained if consent of the occupier of the premises is required. Therefore if a local authority is also refused access by the tenant it cannot take the necessary steps itself.

Penalties

If the landlord is in breach the local authority may require the landlord to pay a penalty charge up to a maximum of £5,000. It has discretion whether or not to impose this charge. If it intends to impose a charge it must serve a penalty charge notice within six weeks from when it is first satisfied that a breach has occurred. A right to make representations against the penalty notice is given and the local authority may reduce the charge for prompt payment.

Appeals

If the local authority upholds a penalty charge notice there is a right to appeal for the landlord to the First Tier Tribunal. The Grounds of Appeal are:-
  • Local authority has made an error of fact or law
  • The amount of penalty charge is unreasonable
  • The decision to impose a penalty is unreasonable for any other reason
Payment of the penalty is suspended pending any appeal.

Local authority penalty policy

Each local authority must publish a statement of principles which will be followed in determining the amount of any penalty charge. This statement will be taken into account in deciding on an individual penalty for a particular case.

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