There are a lot of letting agents out there and landlords and tenants are advised to take care when choosing the agent they deal with.  Some general rules for landlords and tenants:-

1.  Look for an ARLA Agent - The Association of Residential Letting Agents is the only professional body solely concerned with the self-regulation of letting agents and actively promotes the highest standards across the industry. 

2.  Read important documents such as terms of business and tenancy agreements carefully.  Never sign anything you don't understand, ask questions and seek advice.

3.  Communicate with your agent.  This is the key to good landlord/agent/tenant relations. If in doubt about your responsibilities or obligations - ask.  Confirm important issues in writing and keep a copy.

The Association of Residential Letting Agents is the only professional body solely concerned with the self-regulation of letting agents.  ARLA  has been promoting the highest standards across every aspect of residential lettings for the last 25 years.  ARLA members are seen as being at the forefront fo the Private Rented Sector.

Members are required to work within a strict Code of Practice.  There are comprehensive membership Byelaws which include compliance with such issues as handling and accounting for Clients' money; the mandatory Client Money Protection Bonding Scheme; Professional Indemnity Insurance; Dealing with complaints and Disciplinary Procedures.

ARLA members are offered training and able to enter examinations which ensure they are kept up to date with changes in legislation

A tenancy agreement is a legally binding contract between a landlord and tenant that sets out both the legal and contractual obligations of the two parties.  It should be written in plain English and be fair and balanced.

The most common form of tenancy is a "Short Assured Tenancy".  This must run for a minimum of 6 months and allows straightforward notice procedures to bring tenancies to an end.

Where there is more than one adult living in a property the tenancy will say they are "jointly and severally" liable.  This means that, jointly, the tenants are responsible for the payment of all rents and all liabilities falling upon the tenants during the tenancy.  Individually each tenant is responsible for payment of all rent and all liabilities.  In practice, tenants' should be aware that they can therefore be held laible for non-payment of rent and breaches of tenancy which may be down to other leaseholders.

Tenants should be careful who they share with, be aware of the extent of their obligations and to read the tenancy agreement before signing and ask questions about anything they are unsure about.

An Inventory and Schedule of Condition is a very important document.  It details the fixtures and fittings and describes their condition and that of the property generally.  The inventory provided to the tenant at their ingoing will be checked at the end of the tenancy and any assessments regards damage will be based on that document. 

Following completion of the inventory check at the end of the tenancy the Agent will forward a report to the landlord requesting their instructions on any cleaning/damage/re-instatement and resulting charges to be applied to the tenants deposit.

The following is a list of the main legal and safety obligations:-

Gas Safety Regulations - The Gas Safety (Installation and Use) Regulations 1998

Electrical Safety Regulations  - The Electrical Equipment (Safety) Regulations 1994

Furniture Safety - The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993

Reparing Obligations - Housing(Scotland) Act 2006

Landlord Registration

The Licensing of Houses in Multiple Occupation Order 2000

Tax - Finance Act 1995

This is not intended to be an exhaustive list and, we will talk you through your obligations.

Landlords

A landlord has a responsibility to ensure their property meets the criteria of the Repairing Standard in accordance with Chapter 4 of Part 1 of the Housing (Scotland) Act 2006.  The following is a summary of these obligations:-

The house is wind and watertight and reasonably fit for human habitation;

The structure and exterior of the house are in reasonable repair and working order;

The installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in reasonable repair and proper working order;

Any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and proper working order;

Any furnishings provided under the tenancy are capable of being used safely for the purpose for which they are designed and;

There is satisfactory provision of smoke alarms.

Tenants

The Repairing Standard does not cover work for which a tenant is responsible. A tenant has a responsibility to act in a "tenant-like manner".  This means they have an obligation to report repairs promptly; to take reasonable steps to ensure that neither the tenant or their guests damage the property.  They should also take care of day to day matters such as changing lightbulbs, batteries in smoke alarms, tightening loose screws etc.  They should keep the property reasonably warm and aired and help prevent condensation and freezing of pipes, leave the property secure and keep the garden tidy and free from rubbish.

Tenants should be aware of the complexity of common repairs and the necessity for the landlord/agent to work with other owner occupiers in arranging what can be very costly repairs.