The beginning of 2019 has seen numerous changes to the landlord and tenant regime in Scotland. We have produced this quick guide so you can keep up to date with the new rules which are now in force.
Data protection compliance for Scottish Private Residential Tenancy (SPRT) agreements
The Government have introduced a new Privacy Notice to ensure conformance with the new General Data Protection Regulations (GDPR). It notifies tenants about their rights and how to action their Data Protection rights. If you are an agent acting on behalf of a landlord, you need to provide your details in the Privacy Notice to advise the tenant that their personal details are shared with both you and the landlord.
More information and the form can be accessed here - Privacy GDPR Notice for Landlords
You should complete and send this notice to every potential tenant along with the Easy Read Notes or the Private Residential Tenancy Statutory Terms Supporting Notes, dependant on the template SPRT you are using.
New wording for Notice to Quit
This amendment is only relevant if your tenancy agreement is not a SPRT.
The prescribed wording in the Notice to Quit has been amended. Your current template Notice should set out prescribed information. This is usually at the foot of the Notice. Where the word “Court” is used, this should be replaced with "the First-tier Tribunal for Scotland Housing and Property Chamber". This is because any application for repossession of residential property let under a tenancy agreement must now be made to the First-tier Tribunal and not the Court.
It is crucial that you make this change before any new Notices to Quit are sent out to a tenant. You also need to ensure any Notice to Quit is completed and served as required by the law.
First-tier Tribunal for Scotland Housing and Property Chamber (the “FTT”)
A number of changes came into force on 20 February 2019 by way of the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Amendment Regulations 2017. These might be important if you are considering raising an application to the FTT for repossession of your property or for recovery of rent arrears. Please get in touch if you are thinking of repossessing your property and you need some help or advice as we act for a number of landlord and agents and know the difficulties that can arise.
Changes which are most likely to affect you:
- The Appeal period following a decision of the FTT is reduced from 28 days to 21 days. It is worth noting that in our experience this is usually calculated from the date of the written decision, and not the date of a Case Management Discussion (CMD) or a hearing.
- If your tenant is in rent arrears or you are requesting payment from your tenant for any other reason, you can now claim for interest on the sum due. Prior to the introduction of the new rules, the FTT had no power to grant interest.
- If you do not know where your previous tenant now lives but you have a claim you want to raise against them, service by advertisement on the website of the First-tier Tribunal for not less than 14 days is now a competent method of service.
- Where a new issue is not raised, a party may request to amend their application by intimating it to any other party and the FTT at least 14 days in advance of a CMD or a hearing. This does not replace the current FTT rule 13 which provides a party may amend their written representations any time up to 7 working days in advance of a CMD or a hearing. The FTT have not yet provided an explanation of the distinction and there has been no reported decision on such. We recommend you send any amendment in writing to the other party and the FTT, at least 14 days in advance of the date of your CMD or hearing or by the date stated in your letter as the final date for written representations. The Tribunal have confirmed that updated rent statements must be sent to the FTT and the Respondent 14 days in advance. If you require assistance please get in touch and we can advise on our experience so far.
Section 41 provides further amendment to the FTT rules. You may want to read through these, but they do not affect your management of the property.
Changes to the Repairing Standard from 1 March 2019
The new requirements
- The Tolerable Standard - this is a basic level of repair your property must meet to make it fit for a person to live in. It has been a legal requirement since 1987. This change is to ensure tenants can apply to the First-tier Tribunal for Scotland Housing and Property Chamber where there is a failure by their landlord to meet the Tolerable Standard, and not just for failure to meet the Repairing Standard, as was previously the case.
- safely accessible and satisfactory food storage and food preparation space
- a fixed heating system
- safe access and use of any common parts (e.g. a common access or stair)
- where the house is a tenement, secure common doors, with a satisfactory emergency exit
- a residual current device (a circuit breaker).
The new exceptions
- If your property is a tenement or a building that would qualify as a tenement under the Tenement (Scotland) Act 2004, you are now provided a degree of protection. Where work intended to be carried out cannot be agreed by a majority of owners, a landlord is to be treated as “lacking necessary rights” and you could not therefore be found to be in breach of the Repairing Standard. We suggest you must take active steps to fix a problem and you may be required to call a meeting and hold a vote yourself to show you have made a genuine attempt to comply with the Repairing Standard.
- You are not subject to the Repairing Standard where your tenancy does not exceed 31 days where the purpose of the tenancy is to confer on the tenant the right to occupy the house for a holiday.
We regularly work with landlords and letting agents to keep them up to date and compliant with the rules regulating this fast changing and strictly regulated sector. Get in touch with our Property Disputes team if you are a landlord or agent looking for advice.
