There are changes to advertising properties for rent in Scotland. The introduction of two important statutory changes will directly impact how landlords and letting agents advertise their properties. Non-compliance with the new advertising rules can result in financial penalties of up to £500. Landlords and letting agents in the private rented sector in Scotland should take steps to ensure that they are not caught out by these legislative changes.
Displaying Energy Performance Indicator
From the 9th of January 2013, where a property is being offered for let or sale the energy performance indicator from that property's Energy Performance Certificate (EPC) must be stated when advertising properties for rent. Under the Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012, 'advertisement' has been given broad meaning and includes:
- an advertisement in a newspaper or a magazine
- an advertisement transmitted electronically, including by means of the internet
- an advertisement by way of written particulars of a property, which includes a written description of the property together with at least two of the following: a photograph, floor plan, details of proposed rent and size rooms
Agents should ensure that all adverts and any printed particulars for use after January 2013 will include the necessary EPC information.
Displaying Landlords? Registration Numbers
The Private Rented Housing (Scotland) Act 2011 imposes a duty to include the landlord?s registration number within any 'written advertisements'. A ?written advertisement includes any form of advertising made in writing whether to the public generally, to any section of the public or individually to selected persons. It will include internet and newspaper adverts and shop window displays, but does not include a notice board at or near the property concerned (i.e. a to let board).
- Where a property is jointly owned by two landlords, it is sufficient that the advertisement displays just one of the landlord's registration numbers
- Where a landlord advertising the property does not yet have a registration number but their application is pending, the advertisement should clearly state ?landlord registration pending?
The requirement to display the landlord's registration number within advertisements is not yet in force but is expected soon.
If you have any questions regarding the above information, our LetLaw team would be happy to assist you. Click here for contact details.
