There has been a change in the current legislation according to the Housing (Scotland) Act 2006 which may have an affect on you as a landlord. The changes relate to the repairing standards during a tenancy and the rights of a tenant to contact a newly established Private Rented Housing Panel (PRHP) if they do not believe these standards are being met.
A house meets the Repairing Standard if the following conditions are met:
· the house is wind and water tight and reasonably fit for human habitation (taking account of the extend to which the house falls short of any building regulations, because of disrepair or sanitary defects;
· the structure and exterior of the house (including drains, gutters and external pipes) are in reasonable repair and proper working order (having regard to the house's age, character and prospective life and the locality) Where the house forms part of premises (e.g. a flat), this requirement includes any part of the premises that the owner is responsible for maintaining, solely or communally, but the Repairing Standard only applies if part of, or anything in the premises that the tenant is entitled to use is adversely affected;
the installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in reasonable repair and proper working order (including installations outside the house but serving it, and which the owner is responsible for maintaining, solely or communally);
· any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and property working order;
· any furnishings provided under the tenancy are capable of being used safely for the purpose for which they are designed; and
· there is satisfactory provision of smoke alarms.
Most properties meet these standards as a matter of course however the final point relating to smoke alarm is likely to have the greatest impact on current and new landlords.
A property which has a operational mains operated smoke alarm need take no action, a property which has an operational battery operated smoke alarm need take no action however if this stops working this must be replaced with a mains operated smoke alarm. Any property with no smoke alarm must install a mains operated system (1 per floor)