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Tenant Information Pack

Monday, 8th April, 2013

Newsletter


The next stage of Housing Scotland Act 2011 is coming in to force this year and it is important that all landlords ensure that they have a registration number and that it is renewed as this will have to be used when advertising properties and given to tenants at move in.


Landlord duty to include certain information in advertisements – 1st June 2013

The Scottish Government has introduced legislation under The Private Rented Housing (Scotland) Act 2011 section 6 which relates to advertisements is being commenced from 1 June 2013.

In order to prevent unregistered landlords from advertising their properties, the Act will require that all adverts for properties for let must include the landlord registration number or, in the case of landlords whose application is yet to be determined, the phrase “landlord registration pending”.

Where there is more than one owner of the property, only one landlord registration number or the phrase “landlord registration pending” if relevant needs to be included in the advertisement. For a registered landlord the sanction for failing to include a registration number is that they may be removed from the register. For an applicant for registration the sanction is that the application may be refused.

Please do not hesitate to contact us if you have any enquiries regarding this information and if you are a Rentolease landlord we will ensure that your registration number is displayed

Penalties for unregistered landlords – 1st April 2013

The courts may disqualify a person operating as an unregistered landlord form being registered as a landlord by any local authority in Scotland for up for five years.

Power to obtain information – 1st April 2013

Section 97A will give local authorities new powers to obtain information to enable or assist it to carry out its landlord registration functions. A local authority can serve a notice on various specified persons to provide information on the nature of their interest in a house or occupancy arrangement; and such other information about the house or such a person as can be reasonably requested.

Introduction of a Mandatory Tenant Information Pack

All landlords who issue an assured or short assured tenancy will have a duty to provide new tenants with a Tenants Information Pack from 1st May 2013. The pack will be required for all new assured tenancies including those where a landlord and tenant draw up a new lease. It will not be required for existing leases.

This duty which was included in the Private Rented Housing (Scotland) Act 2011 (Section 33), aims to improve accessibility of information available to tenants in the private rented sector. At Rentolease we already offer all tenants welcome information that we will continue to do along with the new information pack.
The main objective in bringing forward these regulations is to ensure that tenants are more informed and are able to use the knowledge and information available to them to make appropriate decisions, to challenge bad practice and to avoid difficult experiences in the first place.

The pack, which is a standardised document, can be found at http://www.scotland.gov.uk/Resource/0041/00413146.pdf. It contains information on property condition, tenancy agreements and the rights and responsibilities of tenants and landlords.

You can also visit the Scottish Government Private Renting page at
http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent where you will find further information for Private Landlords and Letting Agents.





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