1.Letting agents in Scotland will need to comply with necessary Letting Agent Code of Practice also they need to join a Register of Letting Agents. According to Code of Practice, there are various areas of advice that needs to be given to a new landlord , who is considering renting their property. Areas of advice includes service provided, limits of liability and conflict of interests. Letting Agents as a part of the Code of Practice need to comply with designated uniformity in quality service within the industry. They need to provide guidance to landlord to include in their agreement specific services that a tenant can avail while his stay at the property (safedepositsscotland.com, Retrieved on 10th February 2018).
Such services needs to include detailed charges associated with them as well including basic services as electricity, water, heating service or any other specific extra service provided by landlord. Limits of liability needs to be included within tenancy agreement by landlord that encompasses using any other property of landlord without prior permission. It can also include agreement related to renewal of agreement and notice period while moving out. It might also include keeping property clean such as carpets, windows, furniture, walls and keeping rubbish away. a possible area of conflict of interest relating to keeping pets as dogs or cats has to be clearly indicated by the landlord. Once agreement has been rolled out, there cannot be made any exclusion or inclusion regarding possible permission prohibiting entry of pets.
2.Letting out an empty property in a professional manner can help increase returns on investment. Step by step process would allow to figure and find an appropriate tenant, who is capable of paying correct price for the property (Lets, Retrieved on 10th February 2018). Following are some of the steps that can allow renting a property appropriately;
3.
Advert 1
Traditional four bedroom property to let in good residential area, close to good schools and transport links to the city centre and available to rent from 1/1/2017. The property comprises 3 / 4 bedrooms, spacious living room, dining/family room, fully fitted kitchen will all appliances expected of a house of this quality. There are two bathrooms and a separate WC. The property benefits from central heating and partial double glazing. There is a driveway and garage. Large gardens to front and rear of the building.
The property is suitable for family. Council Tax Band D. Rental £1100 per month with a holding deposit of £2,300 to be paid on application. EPC rating D.
Advert 2
Offer to let: Immaculate well-located 2 bedroom flat, located in popular central residential development. In addition to the bedrooms the property comprises spacious lounge, fitted kitchen & bathroom. DG. Parking & Gardens. Rental £595 per calendar month. Landlord Registration Number 12356/510/20223
To confirm suitability for viewing please contact the office by calling or by email.
Scotland regulations has made several changes to advertisement regulations of properties. Along with presence of a number of regulations, there are two important statutory changes that will impact ways in which landlords or letting agents advertise their properties (Tcyoung, Retrieved on 10th February 2018). Un-adhering to current compliances can result in fine up to GBP500. In the above adverts, landlord or letting agent in the second advert have not included their Energy Performance Indicators. While advertising for property EPC has to be stated under the Energy Performance of Buildings (Scotland) Amendment (No.2) Regulations 2012. Secondly, the first advert did not make use of Landlord’s Registration Number. The Private Rented Housing (Scotland) Act 2011 makes it compulsory to include landlord’s registration number in any written advertisement to public or individuals (Advice, Retrieved on 10th February 2018). There are no 24 hours written notice to have viewing convenient times are also not included. Fourthly, the first advertisement does not correctly highlight number of bedrooms present whether 3 or 4 in number. Fifthly, the second avert does not provide the tenant type that is suitable for the property.
B) Create a fully compliant advert for a property to let.
Advert
Flat to rent-1 bedroom
Office Premises to Let:39 South Street, Armadale, EH48 3ETWe have office premises to Rent. The available rooms are:Room 1 3.667m x 3.529m (12.94m2) 139.3 sq ftRoom 3 3.606m x 3.933m (14.18m2) 152.63 sq ftRoom 4 4.499m x 2.258m (10.15m2) 109.25 sq ft
GBP 100 pcm (GBP23 pw)
South Street, Armadale EH48
Landlord Registration Number 13756/890/80547
To confirm suitability for viewing please contact the office by calling or by email. +44 131 268 8575
4.Private Residential Tenancy in Scotland are any tenancy that starts on or after December 1st 2017. The new form of tenancy is set to replace short and assured tenancy for making improvements and changes in private rented sector (Scotland, Retrieved on 10th February 2018). Short assured tenancy was introduced by the Housing (Scotland) Act 1988, it gives protection and freedom of action to landlords while letting their property. Another prominent type of tenancy agreement is Assured tenancy agreement. In this type of tenancy, a formal notice (AT5) has to be given to tenants during start of tenancy period with limited security of tenure. As contrasted to private residential tenancy, there will no fixed terms as contracts will be open-ended. But similar to short assured tenancy, tenants can be asked to vacate a property in a period of 6 months. Rent in private residential tenancy can be increased in 12 months period only along with 3 months’ notice (Shelter, Retrieved on 10th February 2018). Private residential tenancy will replace short assured tenancy agreements by overcoming challenges offered by it. Private residential tenancy will provide longer notice periods with simpler notices with model tenancy agreement. With private residential tenancy there will be no more AT5 forms or tenancy information packs and tacit relocation. Under assured tenancy agreement, tenants are provided a secured period of tenure. Private tenancy is more flexible as compared to short assured tenancy. In assured tenancy tenants have secured period of tenancy hence they have an advantage over the other tenancy types.
Private tenancy agreement have a few tenants and landlords legal obligations as given below;
Tenant’s responsibilities includes access for repairs, residents living in the property cannot sublet the property or take a lodger or give tenancy to someone else. Tenant needs to give in writing any person living who is above 16 years of age, a joint tenant or living in the property as their main home. Tenants has to provide relationship with other persons, who moves in the property.
Landlord has legal responsibility of giving a notice period prior to increasing rent, tenants can be asked to pay deposits that are refundable. Landlord cannot ask for administration fees, premiums, further deposits and additional charges that are not refundable in nature.
5.Letting Agent: Letting agents must take necessary steps on behalf of landlord for ending tenancy period. Tenants has to be given 28 days or 84 days’ notice period for applying for eviction (Lovett, 2010). Returning of the deposit has to be arranged in both Private Residential tenancies and Short Assured Tenancy. There are 18 grounds for eviction of tenant, which has to be clarified while providing notice to the tenant for eviction.
Tenants: In case tenancy wishes to bring their tenancy to an end in Private residential tenancies, the they need to give landlord 28 days written notice. The notice needs to state when they wishes the tenancy to end, which is generally the day after the notice period expires.
In case of short assured tenancy, the tenancy is generally fixed for fixed amount of time for being repeated (Lonegrass, 2010). A written notice has to be given to the landlord, a notice period is included in the tenancy agreement. A 28 day notice period is required if tenancy period is less than four months and 40 days in case tenancy period is longer than four months.
6.Increasing number of queries are rising from Housing Associations of tenant abandonment (Megarry, 2012). In case a property is suspected to be abandoned, then legal requirements needs to be followed for recovering the property. In case the house is unoccupied and tenant does not want to occupy it as his home then according to Section 17 of the Housing (Scotland) Act 2001, a social landlord might commence possession of the property. A landlord needs to make necessary enquiries for ensuring satisfying of conditions and that the property might be subject to vandalism. Notice must be provided regarding abandonment of the property, in case landlord believes that the house is unoccupied and the tenant has not indicated within 4 weeks intentions of occupying the house (McFarlane, 2008). After 4 weeks’ notice period has ended and tenant does not respond, then 28 days has to be provided between service of first and second abandonment notice. The second notice cannot be served early as it can be challenged by the tenant and might be termed as unlawful eviction.
7.Eviction of tenancy has to be done on concrete grounds with given notice period. In Mandatory Eviction, Sheriff needs to provide court orders for eviction. In cases of Mandatory Eviction, landlord does not need to go to the court. In Discretionary Eviction, landlord or letting agent needs to provide reasonable grounds for asking tenants to leave (Crook, 2012). Landlord in this case needs to go to the Sheriff for providing necessary reason asking tenants to leave. Landlord can seek possession in case of Mandatory Grounds but in Discretionary Grounds he has to allow the tenant to stay.
There are several grounds on which a tenant needs to be evicted from a property. Examples of eviction on Mandatory Grounds in private tenancy agreement includes;
Example 1: Property can be repossessed in case landlord used that home for personal use and wants to do the same again.
Example 2: In case mortgage provider is taking over the property.
Example 3: In case higher education providers wants to take over possession that was provided for fixed term period that is no greater than 12 month period.
Examples of eviction on Mandatory Grounds in short assured tenancy agreement includes;
Example 1: The property is reposed for making it available to minister of religion and that the court is satisfied with the same.
Example 2: Landlord has applied for possession for substantial building work, however it needs to be proved that tenant needs to leave for carrying out the building work.
Example 3: In case tenant of the property dies.
Examples of eviction on Discriminatory Grounds in private tenancy agreement includes;
Example 1: In case tenant was provided property for fulfilling employment responsibility and is no longer an employee of the landlord.
Example 2: Tenant was granted the property falsely by the landlord as tenant acted on behalf of some else.
Example 3: In case tenant has depicted any anti-social behaviour or cause nuisance in the property.
Examples of eviction on Discriminatory Grounds in short assured tenancy agreement includes;
Example 1: In case suitable accommodation is available for tenant and landlord needs to take possession for accommodation.
Example 2: In case tenant was behind rent payment to landlord and he served him a court notice.
Example 3: When tenant constantly provides late payment of rent.
In order to evict tenant from a property landlord or letting agent needs to serve a notice period to the tenant. In case of lapse of 28 day period for serving of the first notice the second notice needs to be provided (Singer, 2014). In case the tenant fails to reply to the written notice for eviction then the landlord can move to the court for demanding eviction. The court will then provide orders to Sheriff , who will help landlord to evict his property. In case the tenant vacates the property, then landlord can easily gain possession. In case tenant fails to provide written reply to landlord within notice period then he can easily move to court.
8.In case the landlord is harassed by the tenant, landlord can directly report to the Sheriff and provide a written notice to tenant for eviction of his property (Burn, 2011). In case tenant fails to reply within notice period he can serve another notice after lapse of 48 days, post which he can directly move to the court.
Reference:
Advice, U. L. (Retrieved on 10th February 2018). UNDERSTAND THE BASICS OF LANDLORD RESPONSIBILITIES IN SCOTLAND. SAVE UNNECESSARY LEGAL FEES AND FIND THE BEST LOCAL SCOTTISH LANDLORD LAWYER IF YOU NEED ONE. https://www.unlockthelaw.co.uk/landlords-scotland.html.
Burn, E. H. (2011). Cheshire and Burn’s Modern law of real property. Oxford University Press, USA.
Crook, A. D. (2012). Knowing the area: The management of market and business risks by private landlords in Scotland. Urban Studies, 49(15), 3347-3363.
Lets, H. (Retrieved on 10th February 2018). 10 steps to letting. https://www.harveylets.com/landlords/1839-2/.
Lonegrass, M. T. (2010). Convergence in contort: landlord liability for defective premises in comparative perspective. Tul. L. Rev., 85, 413.
Lovett, J. A. (2010). Progressive Property in Action: The Land Reform (Scotland) Act 2003. Neb. L. Rev, 89, 739.
McFarlane, B. (2008). The structure of property law. Bloomsbury Publishing.
Megarry, R. H. (2012). The law of real property. Sweet & Maxwell.
Rentingscotland. (Retrieved on 10th February 2018). Renting your property out. https://rentingscotland.org/landlords/renting-your-property-out/.
safedepositsscotland.com. (Retrieved on 10th February 2018). TPO and ARLA regional roadshows. https://www.safedepositsscotland.com/blog-admin/tag/private-rented-sector/.
Scotland, R. (Retrieved on 10th February 2018). The new private residential tenancy. https://rentingscotland.org/private-residential-tenancies/.
Shelter, S. (Retrieved on 10th February 2018). Short assured tenancy agreements. https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies.
Singer, J. W. (2014). Property law: Rules, policies, and practices. Wolters Kluwer Law & Business.
Tcyoung. (Retrieved on 10th February 2018). Advertising Properties for Rent in Scotland. https://www.tcyoung.co.uk/blog/2012/private-landlord/changes-to-advertising-properties-for-rent-in-scotland.
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