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Keeping informed

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John Gell, of Simply Let, Inverness, shines a spotlight on the Tenant Information Pack.

With the start of each new year comes a flurry of activity on the property market, with many of those opting to rent choosing January as the ideal month to make plans for a move to a new home, while others, perhaps heading off to university, will become tenants for the first time.

Whether you choose to rent a mansion, family home or starter flat, one thing remains the same – landlords in Scotland have a statutory obligation to give new tenants a Tenant Information Pack before the start of the tenancy, setting out key information about the status of the tenancy, the tenancy agreement, the property, the landlord, the landlord’s and the tenant’s responsibilities.

Responsible landlords and agents will have been providing this information already, but the Scottish Government’s aim is to ensure that all landlords and agents do so, so that all tenants in Scotland receive the same degree of information.

So if you’re a landlord of a property in Scotland and there’s a new tenancy coming up, what do you have to do?
A template Tenant Information Pack can be downloaded from the Scottish Government website (www.scotland.gov.uk/ Resource/0041/00413146. pdf) and a quick look through it will show you the type of information you need to provide.

It’s mandatory to use this template, and it shouldn’t be adapted in any way other, of course, than inserting the relevant information.

Always ensure that you download the latest version of the pack from the website as the intention is that it be updated from time to time.

The pack can be given to tenants either in hard copy or electronically. Joint tenants may either be given one copy between them or a copy each. As well as providing new tenants with this, landlords will need to obtain their acknowledgement that they have received it. If sent to tenants electronically, an e-mail from them stating that they have received it will suffice.

If a letting agent is used to manage your property, landlords should ensure that the agent is dealing with this properly on their behalf. If the agent fails to do so, then the liability will fall on the landlord, so it’s wise to check the contents of the landlord’s agreement with the agent to ensure that they have recourse to compensation should he fail to discharge the obligation.

What happens if you fail to issue a Tenant Information Pack? Well, you’ll be committing a criminal offence and there’s a fine of up to £500.

Contact: Simply Let on 01463 718888.