Radical changes to the legal aspects of damp and mould in rented homes comes into force in Scotland next month.
The new regulations introduce specific timescales for landlords to investigate reports of damp and mould, provide tenants with a written summary of the investigation and begin any necessary repair work.
The Scottish Government guidance states that investigations must normally be carried out within 10 working days, a written summary provided within three working days of the investigation being completed, and required repairs commenced within five working days of the investigation concluding.
Propertymark says that for letting agents, the changes raise a series of practical questions around reporting procedures, inspections, record keeping, access, contractor availability and knowing when specialist expertise is required.
The Scottish Government guidance makes clear that landlords must investigate when they become aware that a property may be affected by damp or mould, while tenants are encouraged to report concerns promptly.
Where a landlord cannot meet a prescribed timescale for reasons beyond their control, they must notify the tenant, explain the reason for the delay and take reasonable steps, where practicable, to minimise the impact of damp or mould.
Also from October 6, Scottish rules regarding compensation for wrongful termination claims will increase to between three and 36 months’ rent, with a minimum award of £840 where the monthly rent is lower.
Succession rights will also change, with the period a qualifying person must have lived in a property before being able to succeed to a tenancy reducing from 12 months to six months.
In response to all this, Propertymark is holding a webinar for members from 2pm on Thursday October 1.
The webinar will be chaired by Hazel MacIver, Propertymark’s Policy and Campaigns Officer, and contributors include:
Miles Gilham, Managing Director of Glenham Property, bringing the perspective of an experienced Scottish letting and property management business;
Rory Cowan, Partner and commercial and property litigator at Bannatyne, Kirkwood, France & Co, providing a legal perspective on the new requirements and their implications for agents;
and Timothy Douglas, Propertymark’s Head of Policy and Campaigns, providing the wider policy and legislative context.
A key focus will be on the questions agents are likely to face once the regulations take effect.
These include how agencies should adapt their existing processes, what constitutes a competent investigation, how quickly issues need to be escalated, and what happens where the cause of damp or mould is difficult to establish, or repairs cannot be completed within the prescribed timescales.
The panel will also explore the relationship between landlords’ responsibilities and tenant behaviour. With household energy costs putting additional pressure on tenants, the webinar will consider practical questions around heating, ventilation and moisture, and how agents can approach these issues fairly while meeting their legal responsibilities.
Agents can register here: Damp and mould: the practical considerations for Scotland – Propertymark
