Landlord FAQs

What are my primary responsibilities as a landlord? As a landlord, you’re responsible for keeping your rental properties safe and habitable. This entails regular maintenance, ensuring all gas and electrical equipment is safely installed and maintained, providing an Energy Performance Certificate, and protecting your tenant’s deposit in a government-approved scheme. Compliance with Scotland’s Rental Property Standards is mandatory, reflecting your obligation to provide secure, habitable, and energy-efficient accommodation.

Do I need to register as a landlord in Scotland? Yes, it’s a legal requirement. Before letting property in Scotland, you must register with the local authority under which your rental property resides. This process ensures you meet the necessary standards and criteria to be a ‘fit and proper’ person to let property.

What about taxes on rental income? Income from renting out your property is subject to taxation. However, you can deduct allowable expenses – costs necessary for the day-to-day running of the property, including maintenance, letting agent fees, and property-related travel costs – before declaring your taxable income.

Is landlord insurance required? While landlord insurance isn’t a legal requirement, it’s advisable. Standard home insurance doesn’t cover rental activities. Landlord insurance typically includes buildings and contents insurance but can also cover rent arrears, legal costs, and public liability claims.

What is a Scottish Private Residential Tenancy? Introduced in December 2017, the Scottish Private Residential Tenancy (SPRT) replaced previous assured and short assured tenancies. It aims to provide security, stability, and predictability for tenants while offering safeguards for landlords, lenders, and investors.

How do I handle deposits? Deposits collected from tenants should be registered with a Tenancy Deposit Scheme within 30 working days of the tenancy’s start date. These government-backed schemes ensure tenants will get their deposits back at the end of the tenancy, provided they meet the terms of the tenancy agreement, do not damage the property, and pay their rent and bills.

What are my obligations regarding property maintenance? Landlords must ensure the property is habitable and safe. Regular maintenance checks, prompt repairs, and ensuring the property is structurally sound are key responsibilities. Additionally, you must comply with fire, gas, electrical, and furniture safety regulations.

Do I need to provide appliances and what is my responsibility for them? You are not legally required to provide appliances beyond those necessary for heating, hot water, and cooking. However, any appliances provided must be safe to use, and regular maintenance is strongly recommended to ensure ongoing safety and functionality.

How does legislation affect me as a landlord? The legal landscape for landlords is frequently changing. Landlords must stay updated on legislation related to property standards, tenant rights, and financial regulations, including changes in the Private Housing (Tenancies) (Scotland) Act 2016 and Landlord Registration laws. Non-compliance can lead to fines or legal action.

Can I evict a tenant? Under the SPRT, you can only evict a tenant if you have a legal ground for doing so, such as breach of the tenancy agreement or rent arrears. The ‘no-fault’ ground for eviction available under previous tenancy systems is no longer applicable. All evictions must follow the legal process, including a notice period and, if necessary, applying to the First-tier Tribunal.

Why should I use a letting agent? A competent letting agent takes the strain off managing a property. From finding suitable tenants, collecting rent, and handling administrative tasks, to providing valuable market advice and ensuring legal compliance, a letting agent is an investment in the peace of mind and professional management of your property.

What makes Belvoir Moray unique? Belvoir stands out for its comprehensive, expert, and hassle-free property management services. We understand local market trends, legalities, and have a wide network to market your property effectively. We pride ourselves on our transparency, competitive pricing, and dedication to safeguarding your investment.