Many landlords may hold a NICEIC certificate which proves that the property has had an electrical check within the last five years. Although this is recommended, it is not a legal requirement.
Fire Safety - Furniture and Furnishings
On 1 January 1997 the final phase of the Furniture and Furnishings (Fire Safety) Regulations 1988 came into force. This means that furniture and furnishings supplied in let accommodation must comply with the fire and safety requirements in the Regulations. All residential premises including flats, bedsits and houses where furniture is supplied as part of the let are covered by these regulations. The type of furniture covered by the regulations are: any upholstered furniture including chairs, sofas, children's furniture, beds, head boards (if upholstered), mattresses, scatter cushions, seat pads, pillows and even garden furniture if it is upholstered and can be used in the dwelling. Carpets, curtains and duvets are not covered by the regulations.
Gas Safety Certificates
Gas Safe Register is the official list of gas engineers who are qualified to work safely and legally on gas appliances. It has replaced CORGI registration. Only a Gas Safe registered engineer should fit, fix or service gas appliances.
Landlords have responsibilities for gas safety. By law your landlord must keep all gas appliances supplied for you to use in good condition. They must arrange for a Gas Safe registered engineer to carry out a gas safety check on them every 12 months and provide you with a copy of the Landlord's Gas Safety Record.
Always:
Ask for a copy of the Landlord's Gas Safety Record before you move in.
Cooperate with your landlord and let a registered engineer in when a gas safety check or servicing has to be done.
Check the ID card of any gas engineer that comes to do work in your home. The engineer must be Gas Safe registered.
Badly fitted and poorly serviced appliances can cause gas leaks, fires, explosions and carbon monoxide poisoning. Carbon monoxide is a poisonous gas which can kill quickly with no warning. Know the six main signs and symptoms of carbon monoxide poisoning - headaches, dizziness, nausea, breathlessness, collapse and loss of consciousness. Don't mistake the symptoms for a hangover.
If you think a gas appliance is faulty turn it off and let your landlord know immediately. In an emergency call the gas emergency helpline on 0800 111 999. If you feel unwell, seek medical help immediately.
For more information and to find and check an engineer go to www.GasSafeRegister.co.uk or call 0800 408 5500. Better Gas Safe than sorry.
Remember, if you think a gas appliance is faulty turn it off and let your landlord know immediately.
In an emergency: If you smell gas or think there might be a gas leak: turn off the gas at the meter, extinguish naked flames, open windows and leave the area. Seek medical advice if you feel unwell. Call the Gas Emergency Freephone Number 0800 111 999.
Carbon Monoxide is a gas that is highly dangerous to people and animals and is produced by appliances that burn fossil fuels such as gas or coal. Even an appliance that has been serviced regularly can produce Carbon Monoxide. NEVER COVER OR BLOCK AIR VENTS.
Even if a property has a safety certificate problems can still occur. Carbon monoxide is difficult to detect because it is:
Colourless. Odourless. Tasteless.
LOOK OUT FOR THE DANGER SIGNS
Sooting or staining marks on or around the appliance. A yellow or orange lazy flame - not crisp and blue. Condensation in the room wherethe appliance is installed.
SYMPTOMS OF CARBON MONOXIDE POISONING
Drowsiness.
Weakness.
Headaches
Nausea.
Lethargy.
Chest Pains.
If unsure, consult your GP.
IF YOU SUSPECT A GAS LEAK OR CARBON MONOXIDE YOU SHOULD:
Open doors and windows to let the gas escape.
Check if the gas supply to an appliance has been left on unlit or if the pilot light has gone out
Turn the gas supply off.
Do not use matches or naked flames.
Do not smoke
Do not turn electrical switches on or off, do not use a doorbell.
Telephone the Gas Emergency Line on 0800 111 999.
Carbon Monoxide? Be Alarmed! Campaign
In October 2008, the Carbon Monoxide Consumer Awareness Alliance launched a new national campaign aimed at cutting the number of deaths and injuries caused by Carbon Monoxide poisoning.
Clarify what is included in your rent. For instance, some landlords include water rates, others don't.
If possible, ask the previous tenants the rough cost of gas, electricity and water.
Take readings of the relevant meters as soon as you can once the last tenants have left.
Change the bills to your name with the relevant suppliers from the time you move in.....decide whether joint names will be put on the bills or if the responsibility will be divided.
Insurance
Don't think of doing without it - you are responsible for insuring your belongings – your landlord’s insurance policy is unlikely to cover this.
Council Tax
In most cases, you will be responsible for the payment of Council Tax direct to Perth and Kinross Council.
TV Licence
You can access information about television licences using the following link www.tv-l.co.uk
The most common types of tenancy in the private rented sector are Short Assured and Assured Tenancies. These tenancies were introduced by the Housing (Scotland) Act 1988 and came into force on 2nd January 1989. This type of tenancy applies to houses/flats/self-contained rooms let as separate dwellings to individuals, either as tenants or joint tenants, providing it is their main or principal home.
A Short Assured Tenancy is a special form of Assured Tenancy which, in the first instance must be for not less than 6 months. A Short Assured Tenancy gives the landlord special rights to repossess the property and gives the tenant special rights to apply to a Rent Assessment Committee for a rent determination.
Short Assured Tenancies are the most common form of tenancy used locally in the private rented sector. This is largely because it is easier and quicker for landlords to recover possession of their property when the tenancy is a Short Assured. Many landlords however, fail to follow the correct procedures when offering a Short Assured Tenancy and may inadvertently create a Statutory Assured Tenancy.
In order for a tenancy to be Short Assured, the landlord must serve an AT5 Notice in terms of Section 32 of the Housing (Scotland) Act 1988. This notice must be served prior to the creation of a tenancy agreement. If this notice is not served at all or is served after the tenancy or lease agreement has been signed, the tenancy cannot be Short Assured.
If you have a Short Assured Tenancy, the minimum initial period of the tenancy must be no less than 6 months. After the initial period has elapsed, there is no need to renew the agreement as it should continue by 'tacit relocation'. This means that if the lease does not explicitly state how it will be renewed, it will renew for the same duration as the original let or for one year, whichever period is shorter. It is more likely however, that the lease will contain a clause that states that after the initial period, the lease will continue on a month to month basis.
Keeping in repair the structure and exterior of the dwelling house, including drains, gutters, and external pipes.
Keeping in repair and proper working order the installations for the supply of water, gas, and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, and for heating rooms and heating water.
Providing a rent book if statute so requires (e.g. where the rent is paid weekly).
Providing you with the landlords or agents full name and address.
Providing you with a copy of the valid current Gas Safety Certificate ( see Standards).
Allowing you to "peacefully enjoy" your accommodation. (unless there is an emergency).
Landlords or their agents have the right to enter the property at reasonable times to carry out the repairs for which they are responsible and to inspect the condition and the state of repair of the property. They must give at least 24 hours notice in writing of an inspection. It would be helpful to set out the arrangements for access and procedures for getting repairs done in the tenancy agreement.
You are responsible for.........
Acting in a "Tenant-like manner". This means you should perform the smaller tasks around the house such as mending the electric light when a fuse blows; unblocking the sink when clogged with waste, cleaning the windows when necessary.
Not damaging the house, if you do then you and your guests are responsible for the repairs.
Refuse collection! Remember to find out the collection day from your local council. Put the wheelie bin out - and bring it back in again - it's illegal to leave it on the street.
Securing the property when you go away - lock all the doors and windows!
Being reasonable about noise and parties - weekends are better and let your neighbours know in advance.
Reporting all repairs needed to the Landlord (preferably in writing). The landlord's responsibility to repair begins only when they are aware of the problem. If the fault is not corrected within a reasonable period of time (dependant upon the nature of the disrepair) then seek advice from from Perth and Kinross Council’s Housing Advice Team the or Citizen's Advice.
Harassment and Unlawful Eviction
If your landlord wants you to leave your house then a legal process must be complied with before you can be evicted. This will include a written notice and applying to the Court for a possession order. If you are evicted without the landlord following the correct procedure then the landlord is committing a criminal offence. In addition, if the landlord (or someone acting on their behalf) interferes with your peace or comfort either with unannounced visits, by not fulfilling his/her responsibilities for basic repairs (as listed above), disconnecting utility supplies etc. then this may amount to harassment which is a criminal offence.
If you are in danger of eviction or suffering from harassment by your landlord then contact the your local Council's Housing Advice Team, or your Council's Anti-Social Behaviour Team. Citizen's Advice also produce a booklet entitled "Protection Against Harassment and Unlawful Eviction".
For your own personal safety, it is always advisable for you to view a property accompanied and try to arrange the appointment at a reasonable hour. However, there are advantages to viewing it after dark so that you can get an idea of how you will feel when walking home at night. It is important that you contact your Council housing advice team if you feel that you were in any way subjected to sexism or harassment during the appointment.
Security:
Here are a few pointers in checking the security of the property.
Is the property in a 'good' area?
Is the property set back from the road? Is the street lighting sufficient?
Are the front and rear doors solid?
Have the doors got five lever mortice locks?
Is there a chain on the door? If not, can the landlord fit one?
Are the curtains of your room see-through? Insist on thicker ones if they are.
The Energy Performance Certificate (EPC) gives home owners, tenants and buyers information on the energy efficiency of their property. It gives the building a standard energy and carbon emission efficiency grade from ‘A’ to ‘G’, where ‘A’ is the most efficient and with the average to date being D.
In addition to the rating for your buildings current energy performance, part of the EPC report will list the potential rating that the building could achieve (using the same ‘A’ to ‘G’ scale), if the recommendations that are provided within the report were to be made. It is not mandatory for anyone to act on the report’s recommendations. However, doing so may cut your energy bills and reduce your carbon emissions.
Who needs an EPC?
An Energy Performance Certificate must be provided when a property is let for the first time or when a new tenant moves in
As a tenant moving into a property, or as a buyer looking to purchase, it is the legal requirement of the existing owner to provide you with a full Energy Performance Certificate, free of charge. This law took effect in January 2009.
Landlords and owners are only required to produce an EPC for a property that is self-contained, and the certificate is then valid for 10 years. However, an EPC isn’t required when a tenant rents a room and shares facilities.
A group of friends rent a property and there is a single contract between the landlord and the group as the contract is for the rental of a whole dwelling. An EPC is required for the whole dwelling.
For further information, please visit the government EPC website here..
Perth & Kinross Council Help and Advice
