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FREE Private

Landlords Conference

East Ayrshire, North Ayrshire and South Ayrshire Councils are hosting a free private landlord conference. This event will be held at St Joseph’s Academy, Grassyards Road Kilmarnock, KA3 7SL on Saturday 10th November 2018 from 9.30pm until 2.00pm.

The Agenda will be as follows:

9.30 Registration

10.00 Welcome Katie Kelly, Depute Chief Executive

10.10 Jim Bauld, Housing and Property Chamber First-tier Tribunal

11.00 Workshops–EnergyEfficiency,Tenancy Matters, Repairing Matters, Owner Associations

11.45 Workshops-EnergyEfficiency,Tenancy Matters, Repairing Matters, Owner Associations

12.30 John Blackwood Private Rented Sector Developments

13.15 Lunch

If you would wish to attend the Forum please contact either Karen Walker, Dawn Cadwell or Liz King on 01563 554584 or 554560 to confirm attendance as places are limited.

Welcome to the 39th edition of “Lets Talk”,

the newsletter for the private rented sector in East Ayrshire.

This newsletter contains important information that you need to be aware of as a private landlord or agent. Please note that all newsletters will now only be sent by e-mail and made available on East Ayrshire Council’s website. Please therefore ensure that you keep your e-mail address up to date. If we hold an e-mail address for you all landlord registration renewal notification will be sent by e-mail.

E-MAIL UPDATE: You can check or change your e-mail address by accessing your registration application using your registration number. Please always ensure that your contact name and address held on the landlord registration system is accurate. Please ensure you check your e-mails to avoid important notifications from us being missed.

Please also ensure that you have the correct agent details on the system as this will allow all contact to be more effective and can assist in an emergency situation.

Rent Deposit SchemeThe Rent Deposit Scheme have clients who are waiting for properties in the following areas of East Ayrshire;

2 bedroomed properties in Bellfield or Riccarton 1 bedroomed properties in Mauchline or Cumnock 2 bedroomed properties in Newmilns or Dalmellington 1 bedroomed properties in Auchinleck or Kilmarnock 3 bedroomed properties in Stewarton, Kilmaurs, Kilmarnock 2 bedroomed properties in Kilmarnock 2 bedroomed properties in Onthank or New Farm Loch area of Kilmarnock

If you have any suitable properties please contact the Rent Deposit Scheme on 01563 521288 or rentdeposit.chap@gmail.com

“let’s talk” 39

FOR THE PRIVATE RENTED SECTOR

ISSUE 39

NEWSLETTER

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PAYMENTS TO YOUR COUNCIL ACCOUNTSBig changes are coming to the way you pay for services including rent, insurance and council tax.

From Monday 12 November, our Customer Service Centres will no longer take cashandwillbemovingtomoreefficientpaymentmethodsincludingdirectdebit, online transactions and card payments.

To help us make this change, our Customer Service Advisers will be on hand to provide support and advice on alternative methods of payment including:

If you want to pay for landlord registration you can call the Private Sector Housing Unit who can take payment by telephone :- 01563 554584 or 01563 554560

What does this mean for me?If you currently pay by cash, you will need to change to an alternative method of payment from Monday 12 November. There are a variety of ways you can make payments to East Ayrshire Council for transactions such as rent, insurance and council tax.

For further information on how to change your payment method please speak to our Customer Service Advisers or visit our website at

www.east-ayrshire.gov.uk/pay

Private Landlord Right to Access.In the Housing (Scotland) Act 2006 (“the 2006 Act”), the landlord of a tenancy to which the repairing standard applies, or any person authorised by the landlord, is given rights to enter the tenanted property for the purpose of—

(a) viewing its state and condition for the purpose of determining whether the house meets the repairing standard, or.

(b) carrying out any work necessary to comply with the repairing standard duty or a repairing standard enforcement order.

What additional rights has a landlord been given?

The Private Rented Housing (Scotland) Act 2011 amended the 2006 Act to give the landlord an avenue to apply to the Housing and Property Chamber for assistance in exercising his right of entry if he is unable to gain access to the property. The Housing and Property Chamber can assist in arranging a suitable date for access and where required fix a date and time for access if a tenant and landlord cannot agree a date.

Applying to Housing and Property Chamber is free of charge and landlords and tenants cannot be held liable for expenses incurred by the other party during the proceedings before the Housing and Property Chamber.

Decisions made by the Chamber member on applications for assistance with exercising right of access are final and cannot be appealed.

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Right to access: CASE PROCESS

Who can make an application?

Only a qualifying landlord or landlords (if more than one) can apply, or a representative on their behalf. A landlord must also be registered or have an application for registration pending. The landlord should generally be the owner or owners of the house. If landlords jointly own the property then names of all landlords and their relevant registration numbers should be stated on the application form.

What action must the landlord take prior to making an application?

In every case, the landlord, or landlord’s representative, must notify the tenant that access to the property is required, and they must state the reason for which access is required. This is because the landlord will need to attach to the application a copy of the notification sent to the tenant requesting access, and any subsequent correspondence relating to the notification.

Whatcouldbeusedasevidenceofnotificationofanaccess request?

It is best to e-mail or send a letter by recorded delivery post to the tenant and/or their representative, and keep a copy of the letter sent (landlords can download a sample letter from the Housing and Property Chamber website or obtain a copy from the Housing and Property Chamber).

The tenant must receive at least 24 hours written notice of the access request. The notification must set out for what reason access to the property is required, whether it is:

(a) for viewing its state and condition for the purpose of determining whether the house meets the repairing standard;

(b) carrying out any work necessary to comply with the repairing standard duty or a repairing standard enforcement order; or both.

It is important to carry out this notification requirement as it is only then that an application can be treated as valid and referred to a Chamber member for a decision.

If the request for access is to complete works it should detail the work the landlord intends to carry out so that the tenant is advised of this and can make appropriate arrangements.

Isthereaspecificformtheapplicationmusttake?

There is an application form which is available on the Housing and Property Chamber website or contacting the Private Sector Housing Unit. The application form guides landlords through the information required. It is important to provide all the information asked for in the application form as this information is required to form a valid application.

In addition to completing all sections of the application form, in order for the application to be valid it must contain the following:

1. A copy of the lease, or tenancy agreement, if available. Otherwise as much information about the tenancy as possible so that we can ensure that the tenancy comes within our jurisdiction. A landlord is responsible for issuing a written tenancy agreement at no charge to the tenant (Housing (Scotland) Act 1988 section 30) and the landlord making an application may be asked to provide further information if there is no tenancy agreement.

2. A copy of the notification to the tenant requesting access, and any subsequent correspondence relating to the notification

A landlord may be asked to send further notification to the tenant if evidence of the tenant’s receipt of the notification is unclear.

What happens when an application is received?

Once an application is received, the administration will assess the application to check that the form is correctly completed and that the required attachments are present. If something is missing the administration will request this from the applicant and the application will not be deemed valid until all the required information and attachments are provided. Applications that are complete when they are received, and applications where the administration has made requests for further information, will be passed to the Chamber President to allocate to a Chamber member.

For further details please go to the Housing and Property Chamber First-tier Tribunal website at https://www.housingandpropertychamber.scot/

Interest free loan to bring property up to a lettable standard…East Ayrshire Council has secured funding from the Scottish Government to assist owners to bring their property up to a lettable standard by providing an interest free loan if the property is let at a market rent for 5 years or sold at an affordable level.

Empty homes can be costly to both owners and the local community; the longer they are empty, the greater the waste and

the harder it can be to bring them back into use. By owning an empty property there are costs incurred such as Council tax, insurance and security; lost income from renting or selling the property; and reduction in the property’s value if the properties condition deteriorates.

Recent council tax changes have resulted in long term unoccupied dwellings being subject to an increase in Council Tax liability of 100%.

The following table provides a guide to the new charging system:

Type of property Empty 0 – 6 months

Empty 7 -12 months

Empty 13- 24 months

Empty 24+ months

Unoccupied and unfurnished 100% exemption 50% discount 100% increase 100% increase

Unoccupied and Furnished 10% discount 10% discount 100% increase 100% increase

Unoccupied and unfurnished property For sale 100% exemption 50% discount No discount or

additional charge 100% increase

Unoccupied and furnished property for Sale/rent 10% discount 10% discount No discount or

additional charge 100% increase

Unoccupied and then sold following a Minimum of 12 months long term empty

100% exemption 50% discount

1st 3 months no discount or additional charge followed by 100% increase

100% increase

Structural repair 100% exemption 100% discount 10% discount No discount or additional charge

Second home No discount or additional charge

No discount or additional charge

No discount or additional charge

No discount or additional charge

If you are interested in bringing an empty home back into use the Council can offer you some advice and assistance in the following areas:• Safety and security• Renovation overview• VAT discounts• Energy efficiency• Selling options i.e. estate agents, auction

houses, property buying companies

• Private Renting• Interest free loans provided by EAC• EAC operate a ‘buy back’ scheme• EAC operate a Matchmaker Scheme

whereby owners can provide details of their property, this information can be passed to potential purchasers

If you would like further information about this scheme or wish to bring an empty property to our attention please contact: Liz King, Empty Homes Officer, Private Sector Housing Unit Civic Centre North, John Dickie Street, Kilmarnock KA1 1HW. Tel: 01563 554583. Email: Elizabeth.king@east-ayrshire.gov.uk

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Advertising Private Rented PropertyReminder to all landlords - you must include your registration number and Energy Performance Certificate rating in all property to let advertisements.

HMRC SupportIf you are an unincorporated landlord and you need help completing the income from property tax return, HMRC has a selection of useful online help and support.

HMRC’s YouTube channel has a range of short videos on ‘Self Assessment’ covering topics such as:

• Your income from property tax return

• How to register for Self Assessment

• Paying your Self Assessment tax bill

• What to do if you can’t pay your tax bill

It’s also worth taking a look at the e-learning product, ‘Letting out a property’.

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Practical Fire Safety GuidanceThe Scottish Government have published Revised Practical Fire Safety Guidance for Existing Premises with Sleeping Accommodation.

You can view this at: https://beta.gov.scot/publications/practical-fire-safety-guidance-existing-premises-sleeping-accommodation

This guide, prepared by the Scottish Government, offers fire safety advice in respect of certain existing premises with sleeping accommodation. It consolidates and supersedes a number of individual Scottish Government guides, and introduces a substantial number of editorial changes aimed at improving dutyholders’ understanding of the guidance.

The link below will take you to the Scottish Government web site that explains what every house in Scotland will require by way of fire and CO detection within the next 2 years.

https://beta.gov.scot/publications/fire-and-smoke-alarms-in-scottish-homes/

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Supported by

Struggling to find a trader you can trust?Worried about letting someone into your home? We want to make sure that all East Ayrshire residents can safely choose a vetted local trader to carry out work on their homes.

Trusted Trader ensures that residents are informed and confident to avoid cold calling and not be pressured into buying something.

The East AyrshireTrusted Trader scheme helps you choose your traders with confidence:

4 Trading Standards vetted4 reviewed by residents4 scheme backed by the Council4 supported by Police Scotland.

For more information contact:Trading Standards Service Civic Centre South, John Dickie Street Kilmarnock KA1 1HW Telephone: 01563 576602 Email: trading.standards@east-ayrshire.gov.uk

East Ayrshire Council Trading Standards Service have launched a Trusted Trader Scheme which is open to traders operating in the home improvement sector. This is a local business partnership which aims to increase consumer confidence, promote good practice within local businesses and help protect people from doorstep crime.

The scheme has a directory of local businesses that have been vetted by Trading Standards and who have made a commitment to treat their customers fairly. It is based on customer experience and customer feedback. Trader members of the scheme ask their

customers to provide feedback on what they thought of the job and the feedback is published on an independent website.

More information on the scheme, it’s members and how to join can be found at www.east-ayrshire.gov.uk/trustedtrader.

www.east-ayrshire.gov.uk/trustedtrader

Minimum energy efficiency standardsThe Scottish Government has confirmed that minimum energy efficiency standards within the Private Rented Sector will be introduced, starting from April 2020.

Private rented properties will need to achieve at least EPC band E at change in tenancy from 1 April 2020, and in all properties by 31 March 2022.

In addition, properties will need to achieve at least EPC band D at change in tenancy from 1 April 2022, and in all properties by 31 March 2025.

Further information on penalties and exceptions will be available in early 2019.

For more information on support for

energy exceptions in the Private Rented Sector please visit http://www.energysavingtrust.org.uk/scotland/businesses-organisations/landlords. The Energy Saving Trust has also developed an animated video setting out the new requirements: https://www.youtube.com/watch?v=msjAaU4Vu0M

Energy Efficiency standards are part of the Scottish Government’s ‘Energy Efficiency Scotland programme – you can find more information on this at : https://www.gov.scot/Publications/2018/05/1462

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Contact the Private Sector Housing Unit on 01563 554584,554560 or 576878.