Current paperwork requirements for renting my flat.

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    Current paperwork requirements for renting my flat.

    Hi, first time posting!

    I’m looking for a bit of info on the paperwork, now required for renting out my flat, (in Scotland) as my tenant of 3 years is moving out. With the Private residential tenancy (PRT) now in place of the SAT.

    In August 2017 I was aware of the importance and served in this order >

    1 AT5 2 Repairing standard 3 Special conditions relating to recovery of possessions 4 Key retention agreement 5 Inventory 6 Short Assured Tenancy agreement lastly Deposit was placed in a tenancy deposit scheme.


    2020

    No AT5 now I believe I presume the AT6 just served when you wish to get the flat back?

    Repairing standard ------------- -- Is this still relevant
    Special conditions relating to recovery of possessions ---------- Is this still relevant
    Key retention agreement
    Inventory
    The Scottish Government model tenancy agreement for private residential premises Private residential tenancy (PRT) I’ll use this

    I think I will have to register for General Data Protection Regulations (GDPR) I believe since I’ll be storing details etc.

    Any advice on documents now required and the order etc would be appreciated.

    Thanks

    Trev


    #2
    There is a model PRT on the Scottish government website
    You will already have the required smoke / heat / CO detectors and a satisfactory EICR.
    If not you need to get them ( you should have had them in place for years now)

    Comment


      #3
      Hi Thanks for the reply, much appreciated I'll be using the Scot Gov PRT once I have a look through it. Yeah I've a HD SD's CO2 detector, PAT, EICR, Gas safety etc all in place. Legionella Risk Assessments as well.

      Is the Repairing Standard & Special conditions relating to recovery of possessions documents relevant now? is there a specific order to serve them in?



      Comment


        #4
        Join SaL ... (tax deductible) - they also have a helpline...
        https://scottishlandlords.com/
        - and get all the paperwork & guidance on what needs serving...

        - and also free courses from LaS (online at the moment...)
        https://www.landlordaccreditationscotland.com/

        Slàinte mhath!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Hi

          Thanks for the recommendation, , I'll join SAL..

          Comment


            #6
            Hi

            I'd hold off joining SAL for now.

            All the guidance and info you need is in the SG PRT template.

            And just for info: PAT and EICR are not mandatory requirements unlike smoke and carbon monoxide detectors

            Comment


              #7
              With the greatest respect you need education. Join SaL today, for your own sake .
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Originally posted by landlordlou View Post
                And just for info: PAT and EICR are not mandatory requirements unlike smoke and carbon monoxide detectors
                Unless I am much mistaken, EICR and PAT are mandatory.

                https://www.gov.scot/binaries/conten...appliances.pdf
                There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                Comment


                  #9
                  Originally posted by doobrey View Post

                  Unless I am much mistaken, EICR and PAT are mandatory.

                  https://www.gov.scot/binaries/conten...appliances.pdf
                  That is only a guidance and advisory document, not mandatory.

                  Comment


                    #10
                    The Housing (Scotland) Act 2014 amended the Repairing Standard (from the Housing (Scotland) Act 2006, and makes it a legal requirement for landlords to carry out electrical safety inspections, which includes testing portable appliances in private rented property in Scotland.
                    https://www.arla.co.uk/media/1045929...appliances.pdf

                    Changes on electrical safety will come into effect from 1st December 2015. The 2014 Housing Act amends the Housing (Scotland) Act 2006 Section 13(4A) and 19B(4). In February 2015, guidance was updated with respect to electrical safety requirements which includes regular safety inspections of supply installation (the wiring of the property) and all electrical fixtures, fittings and appliances (including the number of plugs loaded onto wall sockets). It is now mandatory that at the start of EACH new tenancy (where an electrical check has not been carried out in the previous 5 years), and at least once every five years during the course of the Tenancy, an Electrical Installation Condition Report (EICR) Certificate and a Portable Appliance Test (PAT) Certificate be obtained and that these tests must be carried out and the certificates signed by a qualified and accredited electrician.
                    https://www.glasgow.gov.uk/CHttpHand...x?id=29872&p=0

                    Etc.
                    There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                    Comment


                      #11
                      It's guidance - but it is MANDATORY guidance.

                      How do I know ?

                      My business is electrical checks for landlords

                      Comment


                        #12
                        https://www.tradeskills4u.co.uk/posts/eicr


                        "Whilst there is no legal requirement to have an EICR carried out in any situation, ..."

                        Comment


                          #13
                          Originally posted by landlordlou View Post
                          https://www.tradeskills4u.co.uk/posts/eicr


                          "Whilst there is no legal requirement to have an EICR carried out in any situation, ..."
                          This is English based site....

                          At the bottom of the page you link to it says
                          Categories: Part P / Domestic Installation What Is?

                          There is NO part P in Scotland (the Scottish Building Standards apply here)


                          But obviously you know best.

                          Comment


                            #14
                            I'm so glad I'm no longer a live out landlord with so much conflicting information available.

                            ouch

                            Comment


                              #15
                              Originally posted by landlordlou View Post
                              I'm so glad I'm no longer a live out landlord with so much conflicting information available.

                              ouch
                              The fact remains that any landlord (live out or live in) has a duty to ensure the electrics are safe

                              As a live in landlord you have 3 options;

                              1. Have a test carried out by someone the Scottish Government deem competent
                              2. Have a test carried out by someone you think is competent
                              3. Don't bother as you 'know it is all fine'

                              Best case scenario- you go on without any checks and things plod along fine
                              The ultimate worst case scenario- someone dies (due to unsafe electrics in your property) and you are up for manslaughter

                              As you are a grown up it's up to you to decide the route

                              Comment

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