A Legal Update for Landlords

The private rental sector will face significant changes over the next year with the introduction of the new ‘Private Residential Tenancy’ and the ‘Letting Agent’ Regulations but there are a number of other recent legal developments that landlords should be aware of.

  • Creation of the First-tier Tribunal Housing and Property Chamber

The Housing and Property Chamber which replaces the Private Rented Housing Panel (PRHP) and Homeowner Housing Panel (HHP) will, from December 2016, issue decisions on rent and repair issues and help landlords with exercising their right of entry. Also from December 2017 the Housing and Property Chamber will also hear private rented housing cases including eviction actions currently heard in the Sheriff Court. Landlords should note that the AT5 and AT6 forms and Tenant Information Packs have been updated to reflect the transfer of functions to the First-tier Tribunal.

  • The Letting Agent Code of Practice ( Scotland) Regulations 2016 will be coming into force on 31 January 2018

When introduced, all letting agents must comply with the Code which introduces, amongst other duties, obligations on agents to have insurance, complaints procedures and client money handling processes in place by the date of enforcement. The introduction of the Code of Practice is the first step in a wider framework of letting agent regulation which will include compulsory letting agent registration and as of September 2018 it will be an offence for letting agents to operate without being registered.

  • Immigration ‘Right to Rent’ checks to be introduced in Scotland?

The UK government has voiced an intention to introduce the ‘Right to Rent’ scheme to Scotland, the scheme already being in force in England. The scheme was introduced by the Immigration Act 2014 and places a duty on landlords to check the immigration status of would be tenants to make sure they have the right to rent residential premises in the UK. Landlords must refuse tenancies to those who cannot produce the relevant identity documentation. If a landlord breaches this duty under the scheme he/she may face up to five years’ imprisonment or a fine of up to £3000.

If you would like further advice on any landlord and tenant matters then please contact Alison Gourley by email on ajg@mitchells-roberton.co.uk or by telephoning 0141 552 3422

This entry was posted in Legal by Alison Gourley. Bookmark the permalink.

About Alison Gourley

Alison graduated from Edinburgh University School of Law in 1991. She joined Mitchells Roberton in 1996 and became an Associate thereafter. Alison specialises in both commercial and residential conveyancing, advising individuals, large and small businesses, banks, charities and further education institutions on all property transactions. Having 20 years experience in property law Alison has developed excellent relationships with surveyors, independent financial advisers and banks so is ready to act swiftly and effectively to meet her clients’ needs in an ever changing property market. She enjoys getting to know her clients and is committed to giving them an efficient service and is always friendly and approachable. She is also involved with the marketing aspects of the firm and is the solicitor in the office who trains the conveyancing paralegals. Alison is married to a photographer and has one child. In her free moments she likes to keep fit. She is a talented amateur artist and loves nature and the great outdoors.

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