Raising standards in rental property
Posted on 05/10/2008
In September 2007 the Government outlined additional requirements for private landlords under the Housing (Scotland) Act 2006. Clear Lets landlords and tenants alike should be aware of the Repairing Standard and what it means for them.
Extended obligations for landlords
The Repairing Standard legislation has extended the obligations already placed upon landlords to maintain their properties. To meet the Repairing Standard, every landlord must ensure that:
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the property is windproof and watertight and reasonably fit for human habitation
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the property is in reasonable repair and proper working order both outside and in
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equipment supplying water, gas and electricity, heating and hot water, and for sanitation is in reasonable repair and proper working order
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fixtures, fittings and appliances provided under the tenancy are in reasonable repair and proper working order
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furnishings provided under the tenancy can be used safely for their intended purpose
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satisfactory provision for fire detection and warning exists.
Landlords should arrange for properties to be inspected at the beginning of a new tenancy and at regular intervals throughout to make sure that the complex criteria for the Repairing Standard continue to be met. To help you keep on top of your new responsibilities, Clear Lets can arrange independent inspections on your behalf.
Stronger rights for tenants
Thanks to the Repairing Standard legislation, tenants of private rental properties find themselves in a considerably stronger position when things go wrong.
Should a landlord fail to meet the requirements of the Repairing Standard, the tenant no longer needs to go to court to attempt to remedy the situation. Instead they may now bring the matter before a new body, the Private Rented Housing Panel (PRHP).
Landlords investigated by the PRHP for failure to meet the Repairing Standard risk being presented with a Repairing Standard Enforcement Order. Failure to comply with such an order can be a criminal offence and may result in the PRHP imposing a Rent Relief Order, which can reduce a tenant's rent by as much as 90%.
Tenants who rent property through Clear Lets should never encounter such situations, however: at Clear Lets, we pride ourselves on responding promptly and properly to problems as soon as they arise.
Advice for all
If you're at all concerned about the Repairing Standard or require more information on landlords' responsibilities or tenants' rights, contact Clear Lets on 0845 072 4000.