Gardening top tips

With Spring in the air, gardens across the country are springing into life. Gardening is a common cause of disputes at the end of a tenancy so if you’re a landlord whose tenants are expected to maintain the garden, now is a good time to remind them of their responsibilities.

We’ve seen cases where tenants pulled up thousands of pounds worth of exotic plants believing they were weeds, while in another case the tenant “accidentally” felled a healthy 20-year-old tree.

Another dispute saw tenants neglect their lawn during their tenancy, but rather than restore it to check-in condition, they simply left a packet of grass seeds for the landlord.

Landlords also need to maintain a sense of perspective on their tenants’ ability to maintain the outdoor space. One lawn repair claim was, in the words of the adjudicator “more in keeping with creating a professional grass tennis court than a piece of turfed ground outside the property”.

To help you and your tenants keep nature in balance and under control, we’ve created nine top tips for garden care. Share them with your tenants to weed out potential problems and make everything come up smelling of roses when it comes to garden maintenance.

“Everyone has their own view on what makes a good garden – and a good gardener. Tenants have a right to reasonable use of the garden, and a responsibility to leave the space in good condition at check-out whatever their interest or ability to nurture plants.”

Alexandra Coghlan-Forbes
Head of Dispute Resolution

 

If you want the tenant to maintain the garden, make sure it’s in the tenancy agreement

The tenant must maintain the garden if the tenancy agreement specifies so. You may choose to provide tools for this, but if you opt not to and a tenant doesn’t have them, they should borrow or buy the equipment needed to maintain any outdoor space.

Clearly communicate your ‘garden expectations’

Tell your tenants at the start of the tenancy how you expect the state of the garden to be at the end of the tenancy. Also make them aware of any plant you consider particularly important to the character of the garden or that has specific care requirements.

Be realistic about the tenant’s capabilities

Tenants aren’t house-sitters and may not be interested or knowledgeable about gardening. You shouldn’t expect them to take care of rare plants or any outside domestic or other creatures, for example, pond fish.

You’re still responsible for regular maintenance of fixed features

You should make arrangements for the fixing steps, paving slabs, fencing or other features if needed. If a property has swimming pool, you and your tenants should explicitly agree who maintains it.

Use your interim tenancy inspections to assess the condition of the garden

Treat the garden the same as the rest of your property and carry out interim inspections to assess its condition. Don’t forget you need permission from your tenant. If you need to carry out any repairs or garden work you should give 24 hours’ notice and undertake the work at a reasonable time of day.

Keep up-to-date records

Take seasonal photographs of any outdoor space before and after a tenancy, including showing the size of the area. You can’t claim that a garden is a ‘mess’ at the end of a tenancy if evidence proves that only a small section of the overall space is unkempt or if the garden was in a similar condition when the renters moved in.

Factor in the season or garden layout when performing the check-out

During the winter the outside space typically looks untidy during colder months. Sections of a garden may also experience different conditions, for example lack of light or water, which means it can be challenging for plants to grow there.

Remind your tenants to report problems promptly

Tenants should report any outside damage to a garden or its fixtures, as they would any damage to the inside of a property.

Tell your tenants to give themselves enough time to clear up outside

Tidying a garden can turn out to be a bigger job than some tenants imagine, so tell them not to leave garden clean-ups to the last minute and remind them to use designated gardening tools.

Training webinars with Landlord Accreditation Scotland (LAS)

Training is an important part of managing properties and tenancies successfully. Landlord Accreditation Scotland are running webinars, sponsored by LPS Scotland, covering the key areas of Tenancy Management and Creating Inventories. Whether you’ve been in the industry 20 years or you’re managing your first tenancy, the webinars are suitable for all landlords and letting agents.

The Tenancy Management training will cover topics such as how best to communicate with tenants, the procedures to go through before starting a tenancy and how to administer your tenancy deposit. As well as important subjects such as equality, complaints and disputes, and how to deal with anti-social behaviour.

The webinar on Creating Inventories covers the information you need to avoid deposit disputes at the end of a tenancy. You’ll be guided through check-in and check-out reports, routine visits and inspections, as well as providing you with a framework for preparation of a inventory document and advice on how to use it at your final inspection.

The webinars take place throughout the year so keep an eye on forthcoming dates here.

Dispute Resolution: What's involved and how long does it take?

No one likes to find themselves facing a deposit dispute. Often the fastest way to resolve a dispute is to talk to your tenants and come to a fair and reasonable agreement on how the deposit should be split between you.

In some instances, despite your best efforts, you may reach a stalemate. If you find yourself in this situation, our Dispute Resolution Service is there to help you. Disputes can take a lot longer to resolve than finding an agreement directly with your tenant, and to help you understand why dispute resolution takes the time it does, we’ve laid out all the steps in our handy infographic timeline. Users of the service do need to be aware that disputes often last for the full duration below, though it’s worth bearing in mind that our adjudicators do resolve many disputes more quickly than this.

Day 1 Your claim formally enters dispute. We email instructions to you and your tenants to collate and submit evidence. Both parties have 14 calendar days from the date of this email to submit their evidence. We won’t request specific items of evidence so make sure you submit everything relevant to your claim.
Working day 10 All evidence from you and your tenants must be submitted by this date.
Working day 11 Our disputes team needs up to 5 working days to carry out the pre-adjudication assessment of all evidence. If they identify a problem with the evidence, they may contact you or your tenants for clarification, which can delay us in sending the dispute to an adjudicator.
Working day 16 The dispute is sent to an adjudicator who then has up to 20 working days to review all the evidence submitted against the claim and reach a decision on how the deposit will be repaid. Adjudicators can reach a decision more quickly but often need the full 20 days.
Working day 36 The adjudicator reaches their decision and communicates the result to us.
Working day 38  Our disputes team sends details of the adjudicator’s decision to you and your tenants. Payments are processed ten days after delivery of the decision to allow any party time to request a review of that decision should they feel it has failed to consider all of the facts presented. 5 working days should then be allowed to receive the funds following release by The LPSS.

In some circumstances, as mentioned above, these timings could be extended. Most often this occurs when a query arises regarding the evidence or the claim itself, either during the pre-adjudication assessment or the main adjudication.

Here to help you

Our free dispute resolution service is here to help you and your tenants reach a fair and reasonable outcome in the case of a deposit dispute. That’s why we’ve created helpful guides for the dispute resolution process. To help you increase your chances of a successful claim, make sure you follow our essential guide to dispute resolution.

Develop your skills with training webinars sponsored by LPS Scotland

Training is an important part of managing properties and tenancies successfully. Landlord Accreditation Scotland are running webinars, sponsored by LPS Scotland, covering the key areas of Tenancy Management and Creating Inventories. Whether you’ve been in the industry 20 years or you’re managing your first tenancy, the webinars are suitable for all landlords and letting agents.

The Tenancy Management training will cover topics such as how best to communicate with tenants, the procedures to go through before starting a tenancy and how to administer your tenancy deposit. As well as important subjects such as equality, complaints and disputes, and how to deal with anti-social behaviour.

The webinar on Creating Inventories will take place on 1 June, 2022, 2.00pm - 3.15pm and covers the information you need to avoid deposit disputes at the end of a tenancy. You’ll be guided through check-in and check-out reports, routine visits and inspections, as well as providing you with a framework for preparation of a inventory document and advice on how to use it at your final inspection.

The webinars take place throughout the year so keep an eye on forthcoming dates here. The next webinar is Creating Inventories on June 1, 2022, 2.00 pm – 3.15 pm.

Springtime – a great time for mid-tenancy inspections

With winter gone and spring now in full bloom, there’s no better time to inspect your property to check for damage or wear caused by seasonal weather conditions and assess if any repairs are required.

Maintaining your property can help you avoid bigger repair costs further down the line. It’s also a great opportunity for you to check the property against the check-in report and note any differences that may need addressing. Though your tenants may have alerted you to any major issues that arose over the winter months, they may not have noticed less prominent problems that may be of concern to you.

Outside your property

Winter can be hard on the outside of a property. Frosts, high winds, and heavy rain can all take their toll. Here are a few things to look out for, as a quick repair or touch-up now, could save you money in the long run.

  • Check the roof for cracked or missing tiles

  • Check the condition of any woodwork to make sure there’s no rot

  • Keep an eye out for any worn or peeling paint.

It’s also a good time to review the condition of the garden. Responsibility for garden maintenance is subject to what’s laid out in the Tenancy Agreement, but whether you or your tenants are responsible, it’s still worth making sure that boundary fences and walls are still solid. It’s likely the garden will be ready for a bit of TLC as new life springs up, so if your tenants are responsible for maintaining the garden area, the inspection is a good opportunity to remind them of their responsibilities and to flag any concerns you identify.

Inside your property

Take a look around the property for any signs of damp such as black mould. The bathroom and kitchen are the most likely areas for problems to appear and windows, particularly single glazed ones, are prone to moisture build up due to condensation.

Some damp issues may arise as a result of tenant activity such as in the bathroom or kitchen. It’s also a good idea to keep an eye out for damp in rooms where you wouldn’t usually expect it, as this could be an indicator of a bigger problem that needs addressing.

The inspection is also a good time to check the condition of the rest of the property and any furnishings against the original check-in report and inventory. If you spot an issue now, raise it with your tenants. If it turns out to be something caused by their actions, it will give them the opportunity to rectify it now rather than it becoming a problem at the end of the tenancy.

After the inspection

It’s important that you keep a record of the inspection as this can help you to avoid disputes later on. When you compare against the check-in report, note any changes, sticking to facts about condition rather than conjecture about cause. Gather evidence such as photos, emails, or receipts for any work completed. It’s also important to share your notes with your tenants and give them the opportunity to give feedback on your findings. Keep any email or text discussions with your tenants as these could serve as vital evidence in the event of a dispute.

Mid-term property inspections help you and your tenants keep the tenancy on track and avoid disputes when they eventually move out of the property. Our website has lots of helpful information on how to gather and record evidence that can support your claim in a dispute, or even help you avoid one altogether.

Four pillars of a successful tenancy

Cultivating a good relationship with your tenants from the start is one of the key foundations underpinning a great tenancy. Happy tenants are more likely to stay at the property, reducing vacant periods and the costs associated with finding new tenants, making your investment more profitable.

The best deposit disputes are the ones that don’t happen! A great landlord-tenant relationship can also help you avoid the time-consuming frustration of dispute resolution. Landlords who maintain good communication and rapport with their tenants are much more likely to find their tenants will agree to fair deposit claims at the end of the tenancy, and avoid deposit disputes.

What underpins a successful tenancy?

We’ve applied what we’ve learned in our years of protecting tenancy deposits and resolving disputes to create a blueprint for constructing a solid tenancy. Follow these four pillars to build a great landlord-tenant relationship.

1. Advise

Sharing clear helpful information with your tenants can help avoid issues and minimise the impact of problems that arise.

› Highlight key terms and obligations in their contract so their responsibilities for maintaining the property throughout the tenancy are clear.

› Advise them to get in touch ASAP in the event of any problems and make sure they know who to contact and how.

› Make sure you give them the Prescribed Information, and provide them with a copy of the inventory that you agreed with them at the check-in.

› Give them a copy of our guide for tenants to help pre-empt any questions they may have about their tenancy deposit.

2. Record

Keeping detailed records of the tenancy gives you and your tenants the evidence to help you agree on how the deposit should be repaid at the end of the tenancy.

› Complete the check-in report and inventory in the company of the tenant if possible. Together you can note the condition of all furnishings, fixtures, décor and the property itself. Be consistent and descriptive when recording each room and the condition and age of contents, and be sure to mention if an item is brand new. Take date stamped photos and video.

› Mid-term inspections are an opportunity to check the current state of the property, both against the inventory and for repairs due to natural wear and tear. If you identify any changes, make sure you record them.

› Unexpected event such as damage to the property or a broken item? Keep a record of any communication, including emails, texts and letters. Share a written or email summary of the situation and resolution with the tenant, and keep copies of all related bills, invoices and other documents.

3. Collaborate

Landlords and tenants working together are more likely to have a harmonious relationship, which can ease into a smooth end to the tenancy when the time comes.

› Invite tenants to the check-in and check-out to discuss and agree on any discrepancies.

› Discuss repairs or improvements with your tenants at the mid-tenancy review and ask if there are any issues. They live in the flat day-to-day and can help ensure your property is well maintained, and your investment is protected.

› When living in a property, normal wear and tear is expected. Work together at the end of the tenancy to determine what is reasonable and acceptable to all for any claims.

› If you have a change of one or more tenants during the tenancy, review and update the original check-in report with the tenants. Those staying in the property and tenants transferring in won’t want to be responsible for any claims arising from the outgoing tenants actions.

4. Hear

All the best relationships are based on great communication, just ask any marriage guidance counsellor. But communication isn’t just talking, it requires listening skills too.

› Listen to any concerns your tenant raises, hearing what they have to say, and acknowledging their point of view. Dialogue requires two people talking and listening, and you may hear something that’s to your benefit.

› Answer any concerns in a reasoned and fair way that shows you’ve listened to what they’ve told you, even if you disagree with their position. A reasoned response is more likely to be accepted than casual dismissal.

We hope our four pillars can help you build an open and honest relationship with your tenant, which in turn should mean no surprises and a smooth end to the tenancy.

Download our simple infographic for a handy reminder of the four pillars of a successful tenancy.

Are you open to lets with pets?

The Dogs Trust campaign ‘lets with pets’ states: “Landlords and letting agencies who exclude pet owners from their properties are missing out on a large share of the rental market, as almost half of households in the UK currently own a pet.

Christmas is traditionally a time of year when many people choose to get a pet for themselves or their family, but if one of your tenants asks for permission to keep a pet in the property, do you know how you’ll react?

The benefits of permitting pets

Allowing pets in your property may seem like a risk but permitting tenants to keep a pet can set you apart from other landlords. It may improve your relationship with your current tenants, and even add a premium to the rental value you can achieve.

According to The Dogs Trust, over half of all households owns a pet. This means by excluding pets, you’re missing out on a huge part of the rental market. Allowing pets can increase the demand for your property, and attract responsible tenants looking for a long term let.

  • Tenants may stay longer

Once a tenant finds the holy grail of a tenancy that allows a four-legged friend, they are far less likely to leave it.

  • Rents can be more profitable

If it means they can have a pet, many tenants will be willing to increase the rent by a small amount to account for additional wear and tear.

  • Pet owners can be more responsible

For most people, a pet is like a member of the family and they take their ownership very seriously. To have a pet you need commitment, a regular income and a responsible nature – all things you would list when you think about a desirable tenant.

It’s also good for your tenants’ wellbeing and happiness. Having a pet can help them increase exercise, provide companionship, and reduce anxiety levels.

If you’re concerned a pet in the property might unleash potential problems, we’re here to help you with some practical points to help make your lets with pets a success.

1. Know the law

If your property is leasehold, you'll need to ask other leaseholders if they're ok with pets. Check to see if this is the case. Even if you want to accommodate your tenant’s wishes, you might not be able to. However, if your tenant needs an assistance dog, you must allow them to live in the property.

2. Double check your insurance

Ask your current insurance provider if your policy covers accidental pet damage. Landlord insurance doesn’t usually have this feature as standard. You might need a different type of policy to make sure you're covered.

3. Get your terms down in writing

Make sure your boundaries are set out in writing. Whether you don’t want any animals bred in the property, or you only want the pet you agreed to and no more. Make these clear, concise and share them with your tenant on a document you can both sign and keep.

4. Ask for a pet reference if possible

If your tenant is moving from one house to another, it could be a good idea to ask them to provide a reference from the previous landlord. If the animal was well behaved and didn’t cause damage at a previous property, it’s extremely unlikely they will cause any in yours. If they haven’t lived anywhere with the animal before, you could ask the tenant to provide a reference from the vet, ensuring the animal isn’t aggressive and has all its vaccinations and flea treatments etc.

If you want to check for yourself, you could meet the tenant with their pet before you agree to them moving in as part of the pre-tenancy referencing.

5. Arrange regular inspections

As long as they are pre-agreed and everyone is present, more regular inspections can give both you and your tenant peace of mind that the property is still in good condition. It means that any issues can be flagged before the end of the tenancy. It also reduces the chance of disputes as communication will be more regular.

If you do agree to your tenant having a puppy, the Kennel Club has some great advice. Their campaign #bepuppywise gives great advice, from how to buy a puppy to how to train a pet.

Key information for tenants during the COVID-19 outbreak

The coronavirus pandemic has required us all to change how do things so we can work together to stop the virus. This has understandably raised several questions and concerns for tenants. The Scottish Government has created the following guidance for tenants to help them through this difficult time.

Key information for tenants in the private rented sector during the COVID-19 outbreak

To help you understand your rights and access information about the support available, the Scottish Government has worked with tenants’ rights groups, landlord and letting agent representatives and the tenancy deposit schemes to send you links to key information for tenants in the private rented sector.

We hope you find this helpful.

Renters’ rights

Discretionary Housing Payments (DHPs)

If you rent your home, and you get Housing Benefit or Universal Credit, but still can't afford your housing costs, you may be eligible for a Discretionary Housing Payment. You can find more information on DHPs, and how to apply by clicking here.

Financial support

If you have less money because of COVID-19 or have questions on work, including information on the furlough scheme or are self-employed, this Citizens Advice Scotland page provides advice and information. There is also advice about being aware of coronavirus scams.

If you want to talk through your problems with an independent impartial expert adviser or have a question that isn't answered here, you can go to https://www.cas.org.uk/ to find your local CAB's contact details or phone the Scottish Citizens Advice Helpline on 0800 028 1456.

If you are having trouble paying your rent or have questions about financial support or if you are struggling with gas and electricity bills Shelter Scotland has advice and information on this page.

You can contact Shelter Scotland on their helpline or for a digital chat option here.

There’s also information on financial support for unpaid carers.

Other issues

If you are a young person

Young Scot has information specifically for 11-26 years olds about looking after your finances during coronavirus, how your work might be affected coronavirus, looking after your mental health and wellbeing, and other issues.

If you identify as LGBTQ+

Stonewall Scotland provide links to a range of support services.

If you are disabled

Disability information Scotland provide a range of information via their website and phone line. The phone-line is staffed between 9:30 and 4pm it can be reached by calling 0300 323 9961.

Amendments to Scottish Regulations

First introduced on 7 March 2011, the Scottish Tenancy Deposit Schemes Regulations state that all landlords and letting agents in receipt of tenancy deposits must transfer the deposit to a government approved tenancy deposit protection (TDP) scheme within 30 working days of the tenancy start date. They also need to provide all tenants on the tenancy agreement with certain information, including which scheme holds the deposit and circumstances where any of the deposit might be kept at the end of the tenancy.

On 11 November 2019, several amendments to the original regulations were introduced. To help you stay fully informed, we’ve outlined the main amendments below. You can find the fully updated regulations here.

1) Exception introduced to landlord’s requirements to pay a deposit into a TDP scheme within 30 days:

Landlords have to pay deposits into a TDP scheme within 30 days but the latest amendments outline an exception; if a tenancy is terminated and the deposit returned to the tenant before the end of the 30-day period, the rule no longer applies.

2) Provision added to allow payment of deposits in instalments

Sometimes, landlords may want to allow tenants to pay the deposit for the tenancy in instalments rather than all at once. This can can be helpful in shared tenancies, for instance, where tenants have different move-in dates. Although this flexibility is now outlined in the regulations, it has been something we’ve allowed our clients to do for many years.

3) Tenancy Deposit Schemes must inform tenants of the sanctions that apply to landlords who haven’t paid a deposit into the scheme within the designated period

The scheme holding the deposit must now tell tenants about the sanctions that can be placed on landlords who may not have complied with the outlined requirements. We’ve therefore added a new information box to our deposit submission notifications, incremental deposit payment notifications, deposit repayment notifications and deposit repayment reminder notifications. Here’s what the information says:

4) Landlords must provide certain additional information to tenants upon receipt of each instalment of their deposit

From now on, when payment of each deposit instalment is made to a TDP scheme, landlords have to provide tenants with the information below, updated to reflect the fact that tenants can pay their deposits in instalments

Scottish ministers release analysis of consultation responses to revised code of conduct

Every property factor in Scotland must be registered to the ‘register of property factors’. They must also follow the ‘Code of Conduct for Property Factors’. This sets out the minimum standards of practice that property factors have to comply with.

The current Code has been in place since the Property Factors (Scotland) Act 2011 came into force in October 2012. Since then, the number of property factors required to comply has increased year on year and the Act requires Scottish Ministers to prepare and publish a Code from ‘time to time’. Following an informal review, Scottish Ministers determined that there could be benefit in exploring potential changes to the Code and, therefore a consultation was published to seek views from the industry.

We sent you an email earlier this year on behalf of the Scottish government, inviting you to take part.

What were the results?

The consultation closed on 29 June 2018 and the Government has analysed the responses. Some of the findings, in brief, are as follows:

· 71% of respondents felt the original code had made improvements, especially in defining minimum standards of service

· 72% of respondents thought the introductory text within the draft revised Code, clearly explains its purpose, who it applies to, and the broader regulatory background

· 67% of respondents thought the themes of the revised code should remain as drafted (these are in relation to written statement of services, communication and consultation, financial obligations, debt recovery, insurance, carrying out repairs and maintenance and complaints resolution)

What happens next?

The Scottish Government is now considering the findings and whether the respective changes are to be taken forward.  We’ll be sure to keep you updated but, in the meantime, to see the full analysis and other related documents, please head to the Scottish Government Citizen Space website.

 

Code of Conduct revisions - have your say!

The Scottish Government is consulting on proposals to revise the Code of Conduct for registered property factors, and they need your feedback!

The consultation also seeks views on whether the original Code has led to improvements in the quality of factoring services to homeowners and whether the 2011 Act has improved the wider regulation of property factors.

The consultation is open to everyone, including tenants, landlords and letting agents. It closes on 15 January 2018, so make sure to tell the department what you think before then. You can respond online at: https://consult.gov.scot/housing-regeneration-and-welfare/code-of-conduct-for-registered-property-factors/.

In addition, the government plan to run a number of interactive events for those with an interest in the Code or the wider 2011 Act. It’s your chance to discuss and debate the proposals and questions raised in the consultation. They’re holding the events on these dates at the following locations. Click the appropriate link to book your place at an event.

24 November 2017 - 10.30am - 1pm

Conference Room 1

Scottish Government

Victoria Quay

EDINBURGH

EH6 6QQ

FULLY BOOKED

 

24 November 2017 2pm - 4.30pm

Conference Room 1

Scottish Government

Victoria Quay

EDINBURGH

EH6 6QQ

Book here

 

28 November 2017 - 10.30am - 1pm

Renfield Centre

260 Bath Street

GLASGOW

G2 4JP

10:30 to 13:00

FULLY BOOKED

 

28 November 2017

Renfield Centre

260 Bath Street

GLASGOW

G2 4JP

14:00 to 16:30

FULLY BOOKED

 

29 November 2017 10.30am - 1pm

AB1

48 Huntly Street

ABERDEEN

AB10 1SH

Book here

 

11 December 2017 - 10.30am - 1pm

Scottish Government

Endeavour House

Floor 1, 1 Greenmarket

DUNDEE

DD1 4QB

Book here

Cuppa Catch-Up with… Sam Collings

We saw Sam, our Business Development Manager, enjoying the June Summer sun so we took the opportunity to ask him a few quick questions. Here’s what he had to say…

What's your background and what do you currently do in your role?

I have done many interesting and varied roles in the past, all within Financial Services, ranging from mortgage underwriting to agricultural asset finance. My current role within LPS Scotland is to help support our clients and develop our overall business. 

This comes at a very interesting time, with so many changes in the industry here in Scotland. I’m really keen to understand from our existing clients and industry bodies on how we can best support agents, landlords and tenants.

What’s the most interesting role you have done in the past?

Undoubtedly agriculture asset finance, such a varied industry with lots of characters and stories! Interestingly at that time, it was very similar to the Private Rented Sector with lots of change mainly driven by EU laws and regulations.

If you had one piece of advice for landlords, agents and tenants, what would it be?

Keep up with the changes in regulation. With so much change happening in the future it’s essential all landlords, agents and tenants understand their changing responsibilities and embrace the change.

What are you most proud of?

Completing the Edinburgh “full” marathon. After 20 years of enjoyment doing no exercise, I thought I would join a gym in 2009 and 12 months later, decided that it would be a good idea to do a marathon. Never again! Although I did enjoy the last 100 metres.

Where would your home be, if it could be anywhere?

That’s a great question. I’ve been to so many places in the past it would be really difficult to pinpoint one location, however the essential criteria would be next to the sea and on a golf course!

Scottish Government and Letting Agent Regulations

Did you know…

The Scottish Government is introducing the requirement for letting agents to be registered as part of their regulation program. In conjunction with the Scottish Association of Landlords Council of Letting Agents, they’re holding a series of awareness raising events that will help you to get your business ready for registration. 

During the event they’ll discuss:

  • Getting ready for registration
  • Making sure your business is compliant with the Code of Practice
  • Registration – qualification and training

You’ll hear also from a representative of the Council of Letting Agents who will give you their view on what you need to do and how they can help you to be ready for registration.

These events are open to all letting agents, and must be booked in advance.

 

How to book

You can reserve your place at your preferred event by clicking on the relevant link below.

Wednesday 29 March 2017 @ 10.00 – 12.00

Endeavour House, 1 Greenmarket, Dundee DD1 4QB Dundee

Book your place here.

 

Wednesday 29 March 2017 @ 14.30 – 16.30

Johnstone House, 50-54 Rose Street, Aberdeen AB10 1UD

Book your place here.

 

Thursday 30 March 2017 @ 11.30 – 13.30

Great Glen House, St Kilda Room, Leachkin Road, Inverness IV3 8NW

Book your place here.

 

Monday 24 April 2017 @ 13.00 – 15.00

IET Glasgow Teacher Building, 14 St Enoch Square, Glasgow G1 4DB

Book your place here.

 

Tuesday 25 April 2017 @ 13.00 – 15.00

Scottish Government, Victoria Quay, Edinburgh EH6 6QQ

Book your place here.

For more information on letting agent registration, go to https://www.mygov.scot/letting-agent-registration

Christmas Opening Hours

On behalf of everyone at LPS Scotland, we'd like to wish you a very merry Christmas.

Our Customer Service Centre will be open at the following times over the festive period:

Monday 19 December - 8am – 6pm
Tuesday 20 December - 8am – 6pm
Wednesday 21 December - 8am - 6pm
Thursday 22 December - 8am - 6pm
Friday 23 December - 8am - 6pm
Saturday 24 December - Closed
Monday 26th December - Closed
Tuesday 27th December - Closed
Wednesday 28th December - 9am - 5pm
Thursday 29th December - 9am - 5pm
Friday 30 December - 9am - 5pm
Saturday 31 December - Closed
Monday 2 January – Closed
Tuesday 3 January - 8am - 6pm (Business as usual from now on).

December deadline for Electrical Safety

Did you know the landlords’ ‘transitional rule’ for electrical safety in the Private Rented Sector (PRS) ends on 01 December? Here, Phil Buckle, Director General of the charity Electrical Safety First, explains what this means for both landlords and tenants – and how it is beneficial to both.

 

Phil Buckle, Director General of Electrical Safety First

When the Scottish Government introduced a requirement for regular electrical safety checks in the PRS, it proved itself a step ahead of the rest of the UK – and aware of the real impact of dangerous electrics. The vast majority (around 70%) of accidental fires in Scottish homes arise through electricity, with faulty electrical products often the main culprit. While the personal cost of domestic fires is often incalculable, we do know they result in billions of pounds of property damage throughout the UK.

Electrical Safety First led the charge in calling for regular electrical safety checks in all PRS homes, along with any electrical items provided with them. So we were delighted when this requirement was included in the most recent Housing (Scotland) Act, which became law in 2014.

However, the electrical safety regulation only came into effect from December 01 2015, and it only covered new tenancies which began on, or after, this date. Landlords with existing tenancies were given an additional or ‘transitional’ year – until 01 December 2016 – to organise inspections for their properties. All PRS landlords in Scotland are now required to ensure the electrical installation, wiring and fittings in their rental properties are inspected at least every five years and they must provide tenants with a copy of the latest or electrical inspection condition report (EICR).

An EICR will involve an inspection and test of equipment by a qualified electrician. They'll check if electrical circuits are overloaded and identify any electric shock hazards or defective electrical work. Testing of the installation must be undertaken by an electrician registered with one of the government’s approved schemes (to find one in your area, click here).

Any electrical appliances provided with the tenancy must also be checked and should carry a PAT (portable appliance testing) sticker. The Scottish Government’s guidance also recommends – but has not made mandatory – the installation of an RCD or Residual Current Device (which rapidly cuts off the current to prevent electric shock), in the fusebox of all PRS homes. 

If a landlord fails to get an EICR done, or make the recommended changes, they can be reported to the Private Rented Housing Panel, which can issue a repairing order - a legal requirement. If a landlord still fails to make changes then they could be forced to allow their tenant to pay reduced or no rent until the fault is fixed.

The benefits of regular electrical safety checks have been widely acknowledged. Electrical Safety First has worked with a range of stakeholders – including the Scottish Association of Landlords, Shelter Scotland, the Royal Institute of Chartered Surveyors Scotland and the Council of Letting Agents - in calling for them to be made a legal requirement. As there had been a long-standing obligation for landlords to provide an annual gas safety certificate, this new duty was seen as a move closer to bringing electrical safety on par with gas. It was also recognised as a small price to pay for landlords to ensure the safety of their property and their tenants.

But what about the rest of the housing sector?

Currently, regular electrical safety checks are not explicitly required in either the social housing sector or owner-occupied properties. Recently, however, Glasgow Housing Association (GHA) – Scotland’s largest social landlord, with almost 40,000 homes in the city – has instigated similar checks in all its properties. And the Scottish Government is considering proposals for a new common housing standard, which would cover all housing tenures. Electrical Safety First has made a series of recommendations to the Scottish Government regarding this issue, including a call for free, five-yearly electrical safety checks for all households with one person of pensionable age and mandatory checks in the social rented and care sectors.

 

 

At Electrical Safety First we want to ensure that everyone, regardless of whether they are home-owners, private tenants, or living in social housing, are properly protected from the risks of electricity. To help ensure landlords understand their obligations, we have produced a number of tools and guides and a visual inspection app, which can be downloaded to your mobile phone, to help provide an initial electrical safety review of any property.

For more information, download the Scottish Government’s statutory guidance which can be found on the Private Rented Housing Panel website.

Electrical Safety First is a campaigning charity dedicated to preventing deaths, injuries and damage caused by electricity.

Join us at National Landlord Day!

For the second year in a row, it's our privilege to sponsor the Scottish Association of Landlords' (SAL) National Landlord Day. Held on 08 November at Edinburgh's Dynamic Earth, National Landlord Day is one of the biggest annual events in the SAL calendar.

As the body which represents the interests of all landlords and letting agents throughout Scotland, SAL is a key influence in the industry, and we're delighted to be given the opportunity to come and meet so many people involved in the lettings industry. Have a look at this video from last year's event to see what's in store.

Our experts Daren and David, will be on hand at Stand 18 throughout the day to answer your questions and give advice on all things deposit protection. And while you're at our stand, you'll also have the chance to win an iPad!

Switching is easy!

Not using our service? Don't worry. We can help you transfer your deposits to us. Daren and David will be available to talk to you about how easy it is to switch to us. Alternatively, you can always give us a call to talk through your deposit protection needs on 0330 303 0031. 

Sound good? Get your tickets here.

We're really looking forward to getting to know you all better at National Landlord Day. In the meantime, if you've got any questions, you can visit our website, or drop our Events team a line.

See you at Stand 18!

YMCA Glenrothes – a ‘safety net’ for people in need

As you may have seen, every three months our sister company in England and Wales, The Deposit Protection Service, awards up to £20,000 to charities that focus their efforts on housing related issues. What you may not know is that Scottish charities are also eligible to apply to the fund!

In our most recent awards, YMCA Glenrothes received £15,000 from our charity fund, helping them continue doing great work in their community.   

YMCA Glenrothes 

For over 23 years YMCA Glenrothes Supported Accommodation has carried out vital work in their local community, providing a ‘safety-net’ for people in need. They support people affected by poverty and disadvantage, including young people in hostels, houses and flats. 

With the award, YMCA Glenrothes will renovate four of the flats, so they can provide a caring, clean and supportive environment. 

Mary Hill, Director of the YMCA Glenrothes, said “We are delighted to work with The DPS and organisations that give something back to the community. The YMCA helps young people become good tenants and The LPSS has given us a head start in this ongoing support work.”

We look forward to catching up with YMCA Glenrothes to find out how our donation has helped.

We’re supporting Scotland’s landlords and letting agents

Over the last 18 months we’ve been running courses in association with Landlord Accreditation Scotland. Held at various locations across the country, these courses are designed to help landlords and letting agents improve their knowledge in key areas like Tenancy Management and Creating Inventories.

The Tenancy Management courses are suitable for all landlords and letting agents, whether you’ve been in the industry 20 years or you’re managing your first tenancy. Topics covered include how best to communicate with tenants, the procedures to go through before a let can begin, and how to administer your tenancy deposit. Also covered are subjects such as equality, complaints and disputes, and how to deal with anti-social behaviour. Not bad for a three hour session! More of these courses are planned throughout 2016, so if you want to join us and build upon your knowledge, sign up here.

Like the Tenancy Management course, Creating Inventories and Adjudication training is something all landlords and letting agents could benefit from. Designed to give you all the information you need to avoid deposit disputes at the end of a tenancy, this course helps you create robust inventories that will stand up to even intense scrutiny. It also gives lots of guidance about routine visits and inspections, as well as providing you with a framework for preparation of a relevant inventory document and advice on how to use it at your final inspection.

The feedback we’ve been getting from these courses has been really positive, and it’s been really productive to work alongside Landlord Accreditation Scotland, as it’s given us a deeper understanding of what landlords and letting agents in Scotland need.

On 19 May, we’ll be sponsoring the Council of Letting Agents’ annual Agency Business Event for the second year running. It’s great to get out and meet Scottish letting agents, catching up with those of you who use our service and finding out how things are going for you. We really value the feedback we get at this event and can’t wait to see you all again. Daren, our Head of Tenancy Deposit Protection, and David our Senior Account Manager will be there, so if you’re going, do come along and say hi to them.

Daren has been involved with The LPS since its launch, playing a key role in its inauguration. Before long, Daren was appointed Senior Manager for The LPS, and in March 2015 he became Head of Tenancy Deposit Protection.

David joined us in 2011, working in Customer Service and Dispute Resolution before recently moving to our Account Management Team as our Senior Account Manager. He’s responsible for ensuring his team continues to provide top service to our managed clients.

For information about any of our training days, or the events we’ll be attending, get in touch with our Events team who’ll be happy to help you.

UK floods: what happens now

We’ve been saddened to see the impact of the terrible floods that have plagued so many regions of the UK over the last month, and our sympathies go out to all those affected. While the waters have now receded in many areas, the effects of the inundation will in many cases be long-lived and costly.

The rebuilding process is now underway and whilst the immediate focus is obviously to make homes habitable once more, where the property has been rented out, it’s also worth bearing in mind how the floods may affect the tenancy agreement.

How badly a property has been damaged can affect the tenancy and, of course, the tenancy deposit. If it’s still generally habitable, and can be repaired with the tenant in situ, then it should be in the mutual interest of the landlord and tenant to work together to limit damage and get the house back in order quickly. Whilst tenants shouldn’t be liable for any damage to the property or contents caused by the floods, they do have a responsibility to allow reasonable access for the landlord or contractors to carry out any work required. It’s vital for affected landlords and tenants to maintain good communication with each other during this period to make sure repairs are completed as soon as possible.

It may be that the property is so severely damaged, that it’s uninhabitable, requiring the tenant to move out whilst repairs are completed. In this situation, the tenant is not usually expected to pay rent for the period they’re unable to live there. In certain cases, the tenant may even be entitled to terminate the tenancy immediately, and agreements often contain some sort of provision in this regard. Again, it’s important for landlords and tenants to discuss the situation and agree a course of action together.

If the tenancy does continue after the repairs are complete, we recommend a new inventory is prepared, documenting the condition of the repaired property and any furnishings that have been removed or replaced. The new inventory should detail the extent and quality of the repairs and replacements, along with documentation such as receipts, or insurance claims. An updated inventory benefits both landlord and tenant with a clear and agreed record of all mid-tenancy changes, and reduces the likelihood of disputes arising when the tenancy comes to an end. For guidance on how to create a strong inventory, you can find our top 10 tips here.

Our thoughts go out to all affected by the floods.

The LPS Scotland team