Guide
Meet the Professionals
Let our professionalism, reliability and efficiency give you complete peace of mind.
Getting the Property Ready
Galbraith can handle everything on the landlord’s behalf.
Bespoke Services Tailored to You
We offer several bespoke letting services, dependent on the needs of the client. List it or lose it...
The importance of having an inventory at the start of a tenancy.
Why use to let your property?
We let and manage well over one thousand homes for hundreds of clients across Scotland in cities, towns and the country. Let our professionalism, reliability and efficiency give you complete peace of mind.
Being a landlord in today’s environment carries with it significant responsibility and risk. We recognise that landlords need an agent who they can trust, who is professionally qualified and who will look after their interests ensuring maximum rental return and minimum stress.
We are in constant contact with our landlords and tenants and continually improve our service to reflect the demands, requirements and observations made by all parties.
Our client satisfaction surveys reveal that never less than 95% of clients who have either bought, sold or let through Galbraith say they would definitely recommend us to family or friends – feedback to be proud of.
We hope that this Landlord’s Guide will provide you with some valuable pointers and at the same time give you an insight as to why more and more owners are entrusting the letting of their property to Galbraith.
Join us on Linkedin: www.linkedin.com /company/galbraith Follow us on X: @Galbraith_Group
See us on Instagram: www.instagram.com/GalbraithGroup
Like us on Facebook: www.facebook.com/ GalbraithPropertyconsultancy
See us on TikTok: https://www.tiktok.com/ @galbraithgroup
North Borland House, Dunlop, Kilmarnock, East Ayrshire
In a wooded rural setting with a private driveway, just outside the conservation village of Dunlop, North Borland is a fully upgraded Georgian country house dating from the 1840's.
The 4 bedroom property comprises:
• Entrance hall with flagstone floor
• Snug/sitting room with log burner
• Large open plan kichen/dining/family room
• 4 bedrooms
• Boot and utility room
• En suite shower room
• Contemporary fitted bathroom
Meet the Professionals
As a leading property consultancy, we have experience of letting all types of properties in widely varying circumstances.
Our letting agent is always well informed and gets things done promptly. The whole team bend over backwards to help me from a simple enquiry to any major problems.
Our local lettings teams are made up of acknowledged property experts who have been with us for many years. All of our lettings managers hold the highest industry level lettings qualification.
Our residential lettings service is designed with flexibility in mind – to suit each client’s individual needs. We combine our established local presence with years of experience providing a personal service for both landlords and tenants.
We maintain the highest professional standards providing assurance and peace of mind for both you and your tenants.
We are a registered letting agent, as well as a member of the Royal Institution of Chartered Surveyors (RICS). Our Lettings Managers are all members of (ARLA Propertymark).
Letting Agent Registration Number: LARN1810017.
Buying To Let or First Time Landlord?
Whether you have inherited a property or are considering a buy to let investment our experienced and knowledgeable staff can advise on the many areas of letting a property.
Once you have purchased or decided to rent your home, you need to be certain that you let to the right tenant and that you comply with the increasingly complex legal requirements of being a residential landlord.
Whether you are considering renting for the first time or have experience as a landlord, Galbraith can take over the responsibility of finding tenants, undertaking credit reference checks, organising repairs, collecting rent, marketing and organising all compliance requirements so you can enjoy the benefits of your property without the day to day problems associated with being a landlord.
What Makes a Great Rental Property?
The simple answer has to be a property that is competently maintained, clean and well presented.
At Galbraith, prior to taking on the management of your property, one of our experienced agents will visit to ensure that the repair and décor is of an adequate standard. We will prepare a market appraisal taking into account; location, size and demand for homes of this type.
We will advise on the level of rent you may expect, based on our experience of current market trends and comparable rentals of similar local properties.
A well maintained, clean, tidy and freshly decorated property will help to secure quality tenants.
All kitchen appliances included in the let e.g. cooker; washing machine; dishwasher; fridge/freezer must be clean and in good working order. The central heating system should have been recently serviced and in good working order and any gas appliances tested and have a Landlords Safety Certificate.
Always put yourself in a potential tenant’s shoes!
If anything would put you off renting the property make sure you fix it immediately.
Getting the Property Ready
The responsibilities of property rental, and in particular compliance with the rules and regulations surrounding it, are the main reasons why most landlords prefer to appoint a letting agent like Galbraith, to handle everything on their behalf.
Key individuals in our offices hold the highest level industry letting qualification making us compliant with the new Lettings’ Agent Code of Practice. We are a registered letting agent under the new scheme in Scotland.
There are numerous laws and regulations that landlords must comply with when renting out a property and it is vital that you are aware of your legal rights and obligations. We want to set you up for success and to make it easy for you we have included all you need to know before letting your property in this pack.
Before Marketing Your Property
Landlord Registration
If you have not already registered as a private landlord with your local authority then you need to register and provide us with your landlord registration number before your property is marketed. You must maintain your registration throughout the period of your agreement with us. You can register online at www.landlordregistrationscotland.gov.uk. It is a criminal offence with a penalty of up to £50,000 if you fail to register. Your landlord registration number must be displayed in all advertising and marketing materials.
Consent To Let
If you have a mortgage you should ensure that you obtain any necessary consent from your lender to the letting of your property. You will be required to provide us with a copy of this if requested by a tenant.
Insurance
You should insure your property, the fixtures and fittings and any contents belonging to you in the property under a specialist landlord policy with a reputable insurer who is made aware of the let of your property for full reinstatement value. The policy should also include owner and public liability, and loss of rent cover. We can recommend a broker who can help you to find the most suitable insurance for your property.
Overseas Landlords
Our full management, rent collection and Let Only services are available for overseas landlords.
Overseas landlords are regarded as non-UK residents for tax purposes, and need to apply to HMRC for non-resident landlord status. If this is not done then rent has to be paid net of income tax. We can provide forms and can guide you through the whole process.
Repairing Standard
Landlords are legally obliged to comply with the Repairing Standard which sets out minimum levels for the physical standard of a let property. Your property should meet the Repairing Standard before it is let.
You also have a duty to repair and maintain your property to this standard during any tenancy. On becoming aware of a defect, landlords must complete the work within a reasonable time.
If repairs are not carried out within a reasonable timescale then tenants may report a breach of the Repairing Standard to the First-Tier Tribunal for Scotland (Housing and
Property Chamber). The Tribunal can make an enforcement order against the property requiring remedial works to be completed. It is a criminal offence not to comply with the order and the property cannot be re-let until the order has been complied with. The Tribunal can also register the enforcement order in the land register which can affect the marketability of your property on sale.
Energy Performance Certificate (EPC)
• All landlords must provide Energy Performance Certificates to new and prospective tenants. The energy rating of a property must be included in any advertising and marketing material.
• A full EPC must be made available free of charge before the commencement of a tenancy and it must be displayed at all times.
An EPC graph details how energy efficient and environmentally friendly your rental property is
What is Fair Wear & Tear?
Something that often confuses landlords (and tenants) is the idea of 'fair wear and tear'. So, what does it really mean in practice and how does it affect your ability to claim deductions from a tenant's deposit, if required.
What is fair wear and tear?
'Fair wear and tear' is the natural deterioration of a property that occurs over time while the property is being used normally.
No matter how careful your tenants are, there will always be some wear and tear, as in your own home— that's life.
Paint will fade, carpets will suffer from everyday use, and door handles may loosen.
The legal aspect
In the UK, landlords have a legal obligation to return a tenant's deposit at the end of a tenancy, barring any breaches of the lease agreement.
Deductions can be made for damage, however it's important to remember that 'damage' and 'wear and tear' are not the same. Damage is often the result of negligence or abuse by the tenant.
How to assess fair wear and tear
Some key points to consider:
Age of item or fixture 1 Older items are more likely to show signs of wear and tear.
Quality 2
Higher-quality materials are expected to last longer and show less wear and tear over the same period.
Number of occupants 3
A large family will produce more wear and tear than a single occupant.
Length of tenancy 4
A longer tenancy would naturally result in more wear and tear.
Conducting Property Inventories, Mid-term Inspections and Checkout Reports
Providing a comprehensive inventory at the start of a tenancy, undertaking routine inspections and ensuring a clear check out report, with accurate descriptions and photographs will provide a clear differentiation between fair wear and tear and actual damage at the end of a tenancy. This is fair to all parties and will reduce the likelihood of argument in the event of a claim from an outgoing tenant’s deposit.
Lowndes House, Inchmartine, Inchture, Perth,
Lowndes House is a traditional 4 bedroom detached property which has recently been renovated and insulated to the highest of standards.
The fully renovated property comprises:
• 4 bedrooms
• Rural yet highly accessible location
• Good access to nearby road and rail networks
• Private gated entrance
Before the Tenancy Commences
Gas Safety Certificate
To ensure compliance with the Gas Safety (Installation and Use) Regulations 1998, all gas flues, fittings and appliances in your property must be maintained in a safe condition and checked annually by a Gas Safe registered engineer. Gas safety inspection certificates and minor work certificates for any remedial work must be retained and a copy of the certificate must be issued to new tenants before the start of a new tenancy.
Smoke and Fire Detectors
To comply with the Repairing Standard a property must have:
• At least one functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes.
• A functioning smoke alarm in every circulation space, such as hallways, landings.
• A heat alarm in every kitchen.
All alarms must be interlinked via wires (hardwired) or wirelessly (by radio communication) and at least one alarm on each floor.
Electrical Installation Condition Report (EICR)
Landlords are legally obliged to ensure that all electrical appliances and fittings within the property are in good working order. An EICR is like an ‘MOT of the electrics’ in the property. It must be carried out by a NICEIC approved contractor or a member of the Electrical Contractors' Association of Scotland (SELECT) who will check the condition of the existing electrical installation. An EICR must be obtained before the start of a tenancy and be renewed on an on-going basis every 5 years.
If any electrical appliances in the property are to be available for tenant use then the EICR must be accompanied by a Portable Appliance Test (PAT) listing each appliance inspected, and its location in the house. The PAT is carried out annually.
Fire Regulations If Furnished
If you are supplying furnishings with your property you must ensure that these comply with the Furniture and Furnishings (Fire Safety) Regulations 1988.
Carbon Monoxide Alarm
A carbon monoxide detector must be installed in every space where there is a fixed combustion appliance (excluding an appliance used solely for cooking) and (if applicable) where a flue passes through any room.
Legionella Risk Assessment
Landlords have a duty to have a Legionella Risk Assessment carried out. This can be carried out every 2 years either by the landlord themselves or they can instruct a professional.
NICEIC Report on electrical installations and condition
I
The Good, the Bad & the Inconvenient
As most landlords will tell you, letting a property is never as simple as it seems. Between compliance with all the property regulations, and tenant selection, bringing a property to the rental market is no small task.
Landlords are also not spared from scrutiny with landlord registration in Scotland and increased identity checks, it can often seem as if there is no easy route to market. So why do the landlord checks exist?
In recent years, property professionals, such as conveyancers, estate and letting agents have seen an increase in fraudulent activity, so much so, that vendor fraud is listed as a high risk by the
Solicitors’ Regulatory Authority.
Galbraith’s experienced agents are acutely aware of the environment in which landlords and tenants operate: the good, the bad and the inconvenient. Clients are our priority. We take simple but pro-active steps to ensure that landlords and their properties are as protected as possible. To play our part in reducing fraudulent activity in the industry, we undertake the
following landlord checks:Anti-Money Laundering (AML) Checks
Money laundering is any attempt to disguise financial assets so they can be used without detection of the illegal activity that produced them. Through money laundering, a criminal transforms monetary proceeds derived from criminal activity into funds with an apparently legitimate source.
Landlords and the rental market are subject to scrutiny to prevent money laundering, as purchasing and letting out a property is a common way for criminals to launder their money in the UK.
Anti-Money Laundering checks help to ensure that such criminal activity is reduced across the market.
Registered Title Checks
Galbraith will always undertake a title check of the property to confirm the registered owner of the property for lease. This is to ensure that we only take instructions from the registered owner of the property.
Additionally, Galbraith will always request that all registered owners are party to our Terms of Business before renting out a property. This includes people acting on behalf of the registered owner, such as those holding a Power of Attorney. This
means that one person cannot instruct Galbraith without the permission of the other registered owners.
Landlord
Registration (Scotland, Wales and Northern Ireland)
Galbraith will always request that your landlord registration number is provided to your agent. Your landlord registration number is required when advertising a property for rent and ensures that you are appropriately registered with your local authority.
In summary, landlord checks are a vital step in safeguarding the rental market from fraudulent activity. Although not always convenient, their purpose is to protect the landlord, reducing the likelihood of fraudulent activity at your property.
Galbraith’s experienced agents will support you every step of the way, to make the process as simple as possible.
experienced agents are acutely aware of the environment in which landlords and tenants operate...
regulation in the lettings sector...
The team I deal with at are excellent. I have rented out the property for nearly 20 years...
At Tenancy Commencement
Documentation
Landlords need to provide all new tenants with certain specified documents including:
• A copy of their tenancy agreement.
• The private residential tenancy statutory terms supporting notes.
• EICR.
• EPC.
• PAT certification.
• Inventory.
• Gas safety certificate (if applicable).
• Legionella risk assessment.
• Oil Boiler Service Certificate.
Deposit
We recommend taking a deposit of up to two months’ rent from tenants at the start of the tenancy to be used in the event of rent default or if the tenant breaches the tenancy obligations. Deposits must be held by an independent deposit scheme provider. We use SafeDeposits Scotland, who are one of the three government approved tenancy deposit schemes. We will register the deposit within 30 working days of each tenancy start date and we will also provide the tenants with the required copy documentation within 30 days of each tenancy start date.
Inventory
An inventory recording the condition of the property and any fixtures, fittings and contents must be provided to a tenant at the commencement of a tenancy. We can organise this on your behalf.
Tenancy Agreement
The Private Residential Tenancy (PRT) is the current form of tenancy agreement in Scotland. It sets out the legal terms and conditions of the tenancy. We have developed our own form of tenancy agreement which complies with statutory requirements and reflects our years of lettings experience.
Termination of the Tenancy
Since the introduction of the PRT, landlords can only terminate a tenancy when one or more of the 18 eviction grounds apply.
There is no longer a contractual end date meaning it is important to find the right tenant.
Tenants can end a tenancy by giving 28 days’ notice to the landlord.
Ashkirk House East
Scottish Borders
Impressive traditional house refurbished to a high standard with traditional features.
The 4 bedroom property comprises:
• Entrance hallway with stove
• Lounge
• Dining room
• Kitchen diner
• Utility
• 4 double bedrooms with 2 en-suite
• Family bathroom
• Storage, garden and parking
Bespoke Services
Tailored to You
We offer several bespoke letting services, with each dependent on the needs of the individual client.
Some landlords prefer a fully managed service while others may only require a rent collection service. In all cases, Galbraith will tailor its service to your needs, saving you time and money.
Our range of services includes:
• Fully Managed Service
• Rent Collection Service
• Let Only
• Lease Creation Only
Fully Managed Service
A comprehensive service for landlords where we market and let your property, collect
the rent and manage the tenancy on your behalf. During the tenancy, we liaise directly with the tenant to deal with any maintenance issues that may arise. We carry out regular tenancy inspections based on a detailed inventory which is undertaken at the start of the tenancy. Photographs are taken at every visit to create an inspection report. This provides both the landlord and the tenant with peace of mind to reduce the risk of any disputes during and at the end of the tenancy.
Rent Collection Service
A specific service for landlords where we collect and administer the rent, but the landlord deals with any repairs and maintenance issues themselves. We market the property, find and reference the tenant, create the tenancy and handle the collection of rent.
Let Only Service
For landlords who wish their property to be advertised.
The landlord will then deal with maintenance and rent collection personally and will liaise directly with the tenant on all other matters arising.
Lease Creation
For landlords who have found a prospective tenant for the property and only require a lease to be created for this rental. Referencing checks can also be included in this service, prior to a lease being created, which help to provide peace of mind for the landlord.
Galbraith understands that circumstances can change and that is why our letting services can be tailored to suit each scenario. Our management team would be delighted to discuss any specific services of interest to you. We can take on existing portfolios with new or current tenants, or, if you need a lease created for a tenancy which is about to commence, we can also assist with this.
Please contact your local team to see how we can help.
has always been helpful, approachable and friendly. We do not live locally, so really appreciate that the team knows this and works with us to overcome the practical issues this creates at times. Thank you!
List it or lose it...
The importance of having an inventory at the start of a tenancy
An inventory is also known as a schedule of condition. This document is used to detail the condition of a rental property at the start of any new tenancy.
An inventory is essential to help prevent disputes between landlords and tenants and ensures that the rental property is in a similar condition (given fair wear and tear) at the end of the tenancy as it was at the start.
For the landlord, a thorough inventory is one of the most important documents in the tenancy process. There is no reason why a landlord cannot produce their own inventory, but there are pros and cons of doing so. A landlord may lack the expertise to complete the process fully. They may not be able to accurately assess the condition of the property at the end of a tenancy, because they are too familiar with it and a third-party specialist is highly recommended.
An inventory should not be just a list of contents – it should be a schedule of condition. It should include a detailed
report on the condition of every room in
Peace Offering...
The Benefits of Self-Resolution
Self-resolution is the facility offered by Safe Deposits Scotland for both parties in a deposit dispute.
This is where the ADR team come in. They act as facilitators on behalf of both parties and are strictly impartial.
Self-resolution enables the parties to make an offer to each other. Offers are a great way to settle amicably without the need to go to formal adjudication. The offer process, along with a chat facility, provides more opportunity for communication between the landlord and tenant than was the case under the previous system. Claims can be presented clearly and the tenant can ask questions about the deductions quickly. Because of this more and more claims are settled without the need for the intervention of an adjudicator. Around 50-60% of claims are now settled in this
way and a member of the ADR (alternative dispute resolution) team is always on hand to help broker an agreement between the disputing parties.
The self-resolution stage can be quite daunting for some. This part of the process requires that each party at least tries to come to some sort of agreement before the case is progressed any further. If the relationship between the tenant and the landlord or letting agent has broken down, it may be difficult for both parties to actively engage in negotiations. This is where the ADR team come in. They act as facilitators on behalf of both parties and are strictly impartial. Safe Deposits
Scotland understands that not all disputes can be resolved in this way and some may have to be moved forward to formal adjudication, but they do need confirmation that some attempts have been made. This could be an outline of verbal conversations or email/text correspondence.
The formal dispute process can be lengthy given the legislative timeframes. Resolving a dispute via self-resolution not only saves on administration time, but it also gets funds returned to the appropriate party more quickly. Landlords, letting agents and tenants all find it a great tool in resolving deposit disputes quickly and fairly.
Marketing Your Property
We want your property to stand out from the competition. With proper marketing we will ensure that it is seen by would-be tenants, however they choose to search.
In a recent industry survey, 81% of tenants said that they first saw the property they are now renting online*, so a proper web and social media presence is vital to get your property in front of a large potential audience. Your property will be advertised through our website along with leading property portals OnTheMarket.com and Rightmove.
Nearly three quarters of potential tenants conduct their search for rental property on their mobile phone,* so our fully responsive site which is easy to use on mobiles and tablets, can help to find a quality tenant quickly and easily. We will also use social media to market your property, getting it in front of a hyper-local and relevant audience.
Tenants consider the number and quality of images to be important in their property search. Our highly skilled team of professionals will organise the photographs on your behalf and put together a premium listing which will grab the attention of quality tenants.
We provide professional To Let signs which will be visible from the street or roadside. Our bold colours ensure that wherever your property is situated, our signs are easily noticed. In rural locations we can arrange additional signage for road ends as appropriate.
We will also display your property in our office window/boards.
*Source: The Property Academy Tenants Survey 2016.
We will market your property to prospective tenants however they choose to search
Meet Your Lettings Team
If you are thinking of letting property talk to one of our lettings specialists.
Rebecca Reed
MARLA | MNAEA
Castle Douglas 01556 505 346 07920 495 414
Geoff Laird-Portch
MARLA
Cupar 01334 659 986 07584 390 184
Iona Colmar
MARLA
Inverness & Moray 01463 224 343 07721 807 439
Marsaili Macleod
MARLA
Inverness & Moray 01463 245 384 07557 266 832
Samantha Outten
MARLA
Ayr 01292 292 302 07917 220 783
Murray Chisholm
MARLA
Stirling 01786 434 600 07557 571 644
Susan Guthrie
MARLA | MNAEA
Kelso 01573 224 244 07778 000 657
Sarah Hazzard
MARLA | MNAEA
Inverness & Moray 07717 227 390
Brandon Telford
Ayr 01292 268 181 07387 064 614
Inverness & Moray 01463 224 343 inverness@galbraithgroup.com
Aberdeen 01224 860 710 aberdeen@galbraithgroup.com
Perth 01738 451 111 perth@galbraithgroup.com
Cupar 01334 659 980 cupar@galbraithgroup.com
Stirling 01786 434 600 stirling@galbraithgroup.com
Edinburgh 0131 240 6960 edinburgh@galbraithgroup.com
Kelso (Scottish Borders) 01573 224 244 kelso@galbraithgroup.com
Ayr 01292 268 181 ayr@galbraithgroup.com
Castle Douglas 01556 505 346 castledouglas@galbraithgroup.com
Hexham 01434 693 693 hexham@galbraithgroup.com
Morpeth 01670 331 500 morpeth@galbraithgroup.com
Penrith
01768 800 830 penrith@galbraithgroup.com
Galbraith operate from 13 offices across Scotland and Northern England bringing our clients a wealth of experience in:
• Residential estate agency
• Property lettings
• Commercial property sales & management
• Estate, farm & forestry sales & acquisitions
• Estates, farming & land management
• Natural Capital
• Renewables and Utilities
• Building surveying
• Forestry
Inverness
Perth Cupar
Stirling
Edinburgh
Ayr
Kelso
Castle Douglas
Aberdeen
Hexham
Morpeth
Penrith