Letting agents and landlords in Scotland face new deadlines for investigating damp and mould from today as a package of private rental sector reforms comes into force.
From today landlords must ensure a competent person investigates reports of damp or mould in properties covered by the Repairing Standard within 10 working days.
A written summary must then be provided to the tenant within three working days of the investigation ending.
Where substantial damp or mould is identified, remedial work must begin within five working days and be completed as soon as reasonably practicable.
WRONGFUL TERMINATION
The reforms also significantly increase the potential financial consequences where tenants are wrongfully forced to leave a Private Residential Tenancy.
Tenants can apply to the First-tier Tribunal if they believe a landlord misled them into leaving by relying on an eviction ground that did not apply.
For tenants leaving from today (6 October), potential awards will increase from the current maximum of six months’ rent to between three and 36 times the relevant sum, subject to the statutory calculation.
Propertymark is urging agents to ensure eviction grounds are genuine, properly evidenced and supported by robust records.
SUCCESSION RIGHTS
The qualifying period for someone to inherit a private residential tenancy following the tenant’s death has now also fallen from 12 months to six months.
The change applies to relevant tenancies where the tenant dies on or after today (6 October).
Hazel MacIver, Policy and Campaigns Officer at Propertymark, says: “The new duties on damp and mould represent an important change for letting agents and landlords in Scotland.
“The timescales are clear, and agents will need to have robust processes in place from the point they become aware of a potential issue.”
She adds that good record-keeping, communication with tenants and access to competent contractors will be important in meeting the new deadlines.
