Presentation to Landlords’ Forum6th November 2014

Presentation to Landlords’ Forum6th November 2014

• Introduction• Housing Scotland Act 2014 – Key Implications

for Landlords• Scottish Government Consultations

A New Tenancy for the Private Rented Sector

Regulations on Private Rented Housing Enhanced Enforcement Areas

Housing Scotland Act 2014 – Key Implications for LandlordsIntroduce a First Tier Tribunal to deal with disputes in the private rented sector • The panel will incorporate the Private Rented Housing Panel and the

Home Owner Housing Panel.

• It will consider appeals against PRHP decisions and appeals against HMO licensing decisions. This would move decisions away from the Sheriff Court.

• Time limit for a local authority to process Landlord Registration

Applications is now 12 months.

Housing Scotland Act2014 Optional power for Local Authorities to make applications to

the Private Rented Housing Panel. New regulatory framework for Letting Agents – Scottish

Government will undertake the regulation. Private Landlords will have to fit carbon monoxide detectors

in properties that have carbon emitting appliances. Private Landlords will have to carry out electrical safety

checks every 5 years.

Scottish Government ConsultationA New Tenancy for the Private Rented Sector

Scottish Government have launched a consultation on a new tenancy for the private rented sector;• Removal of the no-fault ground for repossession• Tenancies cannot roll over for a duration of less than the original• Landlords must offer a minimum tenancy of six months. No maximum is

proposed.• A tenant will be able to request a tenancy agreement shorter than six

months to meet their personal circumstances, e.g. a seasonal or travelling worker.

• The Notice to Quit period will be linked to how long the tenant has lived in the property.

• Reduce the number of grounds for possession to eight, all of which will be mandatory.

The new proposed grounds are:

1. landlord wants to sell the home2. mortgage lender wants to sell the home.3. landlord wants to move into the home.4. refurbishment5. Change to use of the home.6. tenant failed to pay three full months’ rent7. tenant is anti-social8. tenant has otherwise breached the tenancy agreement.If repossession grounds 6, 7 or 8 above apply, landlords will be able to give tenants 28 days’ Notice to Quit

Scottish Government ConsultationA New Tenancy for the Private Rented Sector

• Pre-tenancy notices will not be required.• A standard four-week notice period will be required before proceedings

are raised• Tenants will have to give landlords the following notice:• Six months or less in the property = four weeks’ notice.• Over six months in the property = eight weeks notice.• Scottish Government will introduce a model tenancy agreement

containing mandatory and discretionary clauses in plain language. This will remove the need to issue a Tenant Information Pack, so they propose to remove this requirement.

Scottish Government ConsultationA New Tenancy for the Private Rented Sector

The deadline for the consultation is 28th December 2014

http://www.scotland.gov.uk/Publications/2014/10/9702

Scottish Government Consultation onRegulations on Private Rented Housing Enhanced Enforcement Areas

• The purpose of the consultation is to set out new powers to address areas where there is an over provision of private rented housing that is in poor condition.

• It aims to address areas where there houses are overcrowded and with a prevalence of anti-social behaviour.

• Local Authorities can request an area to be designated an Enhanced Enforcement Area but must provide evidence.

• The type of evidence includes, numbers of houses below the tolerable standard, evidence of overcrowding and number of anti-social behaviour cases.

Scottish Government Consultation onRegulations on Private Rented Housing Enhanced Enforcement AreasThe additional powers that would be given to a local authority could include;• Providing an additional check to evidence that a landlord is a Fit and Proper

Person e.g. an enhanced disclosure check would be required as part of the registration process.

• A power to require existing registered landlords to produce documents for inspection such as gas and electrical safety certificates.

• A power to enter properties in the Enhanced Enforcement Area to ensure the accommodation is safe, well managed and of good quality.

Scottish Government Consultation onRegulations on Private Rented Housing Enhanced Enforcement AreasProcess• Local authorities would have to make an application to Scottish Government• They would require to advertise that the designation has been granted.• An annual report to Scottish Government detailing the powers and their use

would be required.

West Lothian does not have any areas where there is over concentration of private rented housing and there are few examples where the condition of property is poor. The powers are aimed at some city areas and towns where such conditions exist. If you wish to respond to the consultation please follow the link belowhttp://www.scotland.gov.uk/Publications/2014/10/3067