RentLocally Property Management
Guide for landlords and tenants

Standard Operating Procedures

RentLocally standard procedures for repairs, communications, rent, deposits, complaints and property management.

Updated January 2025

RentLocally Standard Operating Procedures Guide for Landlords and Tenants The following guide lays out our standard procedures and are in compliance with the Scottish Code of Conduct for letting agents.

Contents:

Repairs Procedures 1

Communications Procedures 4

Rent Collection and Handling Procedures 5

Procedures for Handling Client Monies 7

Debt Recovery Procedure (Tenants) 8

Debt Recovery Procedures (Landlords) 9

Deposit Handling Procedure 11

Insurance Claim Procedures 12

Procedure for Key Management and Access to Properties 12

Procedure for Managing Ending of Tenancy 14

Marketing, Application and Referencing Procedures 18

Complaints Procedure 19

Repairs Procedures

We will adhere to the following procedure when repairs and maintenance are required to a property, unless alternative arrangements for a particular tenancy/property have been agreed with the landlord in writing.

The landlord is responsible for carrying out repairs and maintenance to ensure that the property meets the Repairing Standard. The Repairing Standard states that:

  • The property must be wind and watertight and in all other respects reasonably fit for people to live in.
  • The structure and exterior (including drains, gutters and external pipes) must be in a reasonable state of repair and in proper working order.
  • Installations for supplying water, gas and electricity and for sanitation, space heating and heating water must be in a reasonable state of repair and in proper working order.
  • The property should be free from all lead pipework internally.
  • Any fixtures, fittings and appliances that the landlord provides under the tenancy must be in a reasonable state of repair and in proper working order.
  • Any furnishings that the landlord provides under the tenancy must be capable of being used safely for the purpose for which they are designed.
  • The property must meet the current standards for detecting fires and for giving warning in the event of a fire or suspected fire;
  • The property must have satisfactory provision for giving warning if carbon monoxide is present in a concentration that is hazardous to health.

The tenant is responsible for and will have to pay for any repair which is the result of tenant negligence or damage. Tenants are also responsible for replacing consumables such as back up batteries in smoke or heat detectors, and bulbs in light fittings, assuming access to such fittings is possible. If for example , there are high ceilings, the landlord should provide steps in the property to facilitate safe access.

Any non-emergency defect with a property or the landlord’s fixtures and fittings must be reported as soon as possible to our office during office hours.

Our Office Hours are Monday - Friday from 9am - 5pm. Repairs should, in the first instance, be reported online to https://rentlocally.co.uk/repairs/ or using our online form, which can be accessed here https://rentlocally.co.uk/other-report-job/

Where necessary, we will have an appropriate contractor visit the property, as soon as is reasonably practicable to assess the problem reported and determine the action required. We will then organise repairs to the property if authorised to do so by the landlord. We, or a contractor engaged by us, will contact the tenant to arrange access to carry out the remedial work.

If not authorised to do so, we will notify the landlord of the need for a repair as soon as we are made aware of it, seeking the landlord’s instructions, and will then notify the tenant of these. We will aim keep the tenant updated as to the progress of their repair request, what action we have been instructed to take, by the landlord, and an estimated timescale for the same.

Unless they have prior written agreement to do so, tenants must not arrange for repairs to be carried out themselves.

If a serious fault occurs outside normal working hours, and it isn’t safe to wait until the next working day to report it, you should contact our emergency out of hours repairs number which is 0845 643 6138.

Emergency repairs are those where:-

  • there is a serious and imminent risk to health and safety; and/or
  • there is a serious and imminent risk to the structure of the building; and/or
  • there is a serious and imminent risk to the security of the property.

Examples are:

  • no cold water to the kitchen sink (but check with neighbours to see if it affects other homes and if so contact Scottish Water on 08000 778 778)
  • blocked toilet (but only if there is no other toilet in the property)
  • leaking soil pipe or blocked drain with sewage backing up
  • broken lock, door or window (but only if it makes the property insecure)
  • electrical fitting sparking, smoking or scorching
  • complete or part power failure within the property (but first check the switches on the consumer unit (fuseboard). Also check with neighbours to see if it affects other homes. If so, contact Scottish Power on 0845 2727 999 or Scottish Hydro on 0800 300 999. You can determine which one to call using the MPAN number on your electricity bill. If it starts 17 then the distributor is Scottish Hydro or 18 for Scottish Power. It will be one or the other - if you are unsure, call both.
  • no heating or hot water between 1st October and 31st March only or at any time of year if there is a vulnerable person in the property (for example a young baby or someone who is elderly or disabled)
  • there is a smell of gas or the carbon monoxide detector is sounding. In this case call the National Gas Emergency Service immediately on 0800 111 999.Open all windows but do not operate electrical switches, including light switches and sockets.
  • a burst pipe or roof/ceiling leak that at least fills a household bucket overnight with water, or that is affecting the electrics. If the leak is from another property, speak to the owner/occupier of that property who must turn off their water and arrange the repair.

You should contact us as soon as the office re-opens, to inform us of the emergency, what action you took, and whether any follow up work is required. If follow up work is required we will follow the procedure set out in the “reporting non-emergency repairs” section above.

We aim to ensure repairs are completed within the following timescales: -

  • Emergency repairs – made safe within 24 hours and completed within 5 working days
  • Routine (non-emergency) repairs – completed within 10 working days

The vast majority of repairs will be completed within the timescales outlined above but occasionally there will be circumstances outwith our control which may cause delays including: -

  • having to wait on delivery of parts needed to complete repair; or
  • awaiting consent from the landlord to proceed with the repair; or
  • the landlord requesting multiple quotes before agreeing to proceed with the repair; or
  • awaiting consent from other owners to proceed with the repair in the case of common repairs/maintenance e.g. to roof in a block of flats; or lead pipe removal in a tenement stair.
  • adverse weather conditions; or
  • tenant placing restrictions on when access is available to property, or or not responding to contractors’ requests for access.

Where there are delays to repairs and maintenance work we will aim to keep the tenant and landlord informed.

Communications Procedures

We will communicate with the landlord and any tenants by telephone, email, text and/or letter and will deal promptly in response to reasonable requests and communications from them.

Our contact details can be found here:

https://rentlocally.co.uk/find-an-office/ please select locations and your local office. Your first point of contact should be your allocated property manager who is familiar with your tenancy and your property.

If requested to do so, we will try to accommodate a landlord or tenant’s preferred method of communication, wherever possible.

We will aim to acknowledge communications within 3 working days, respond in full to urgent communications within 5 working days and respond in full to all other communications within 10 working days.

There may occasionally be circumstances outwith our control which prevent us from adhering to these timeframes. These include: -

  • when the office is closed for weekends or public holidays;
  • where adverse weather or sickness has led to staff shortages;
  • where we cannot respond in full without the input of a third party (e.g. contractor, landlord, tenant) who is not available;
  • where we cannot respond in full without visiting the rental property and the tenant is restricting access;
  • where we cannot respond in full without the input of a key member of staff who is not available.

If we are unable to respond in full within the timeframes outlined above, we will keep you informed of when you can expect a response.

We will not communicate with landlords or tenants in any way that is abusive, intimidating or threatening.

A copy of our complaints procedure will be made available on request, and is included in this Standard Operating Procedures.

As you may be aware, letting agents in Scotland must adhere to a statutory code of practice which can be found at http://www.legislation.gov.uk/ssi/2016/133/schedule/made

Rent Collection and Handling Procedures

We will adhere to the following procedure in respect of rent collection and handling, unless alternative arrangements for a particular tenancy/property have been agreed with the landlord in writing.

Our standard tenancy agreement requires tenants to pay their rent by bank transfer or standing order. We will endeavour to ensure that every tenant pays their rent in this way but cannot force tenants to do so.

Rent will only be accepted from a tenant named on the tenancy agreement or their guarantor, (unless we have prior written consent from the tenant). In the case of multiple tenants on a joint tenancy and those tenants on individual leases, rent will only be accepted in one lump sum from one of those joint tenants (the Lead Tenant) named on the lease (or their guarantor).

If a tenant requests a statement of their rent account we will provide one within 5 working days. We will not accept payments, including for rent, in cash, and will request that the tenant attends at a bank to deposit the cash into our nominated client rent account. Similarly, we will not accept payments, including for rent, via credit or debit card. Where tenants pay by standing order, the funds will be paid from the tenant’s account into our client rent account.

Rent payments received will be recorded within our management software system on a daily basis.

Once we have the rent in cleared funds, in our client rent account, we will

  • process it, making deductions for our agreed fees, and any other costs incurred on the landlords behalf;
  • forward the remaining funds to the landlord’s account by bank transfer, within 3 working days of receiving the cleared funds from the tenant, unless agreed otherwise in writing by the landlord (for example where it has been agreed that we will retain funds from a landlord to cover a large repair invoice);
  • at the point we forward funds to the landlord’s account, we will also issue the landlord with a clear written statement of all income received and expenditure incurred, since the last statement was issued to the landlord. Unless requested to do otherwise, all statements will be sent via email to landlords.

If at any point the expenditure incurred exceeds the rental income, we will carry forward the debit balance on account until such a time that the landlord is in credit funds, whereafter a statement of all incomes and expenditures will be sent to the landlord. Where expenditure excessively exceeds the rental income received, the landlord will be asked to remit funds to bring their account into credit.

Copies of invoices for any expenditure incurred will be retained by us and can be provided to the landlord if requested.

Where a tenant overpays their rent during the tenancy we will normally forward this money to the landlord in accordance with the procedure above, unless we have written agreement from the landlord to retain it.

If a tenant asks us to refund overpaid rent to them we will advise the landlord of this, and aim to return it to the tenant within 5 working days of them requesting we do so, if we hold sufficient funds for the landlord.

If we do not hold sufficient funds to do so then we will ask the landlord to send us funds, within 3 working days in order for us to refund the tenant. We cannot refund the tenant until we receive cleared funds from the landlord.

If the landlord lives outside of the United Kingdom for 6 months or more per year, they will be classed as a ‘non-resident landlord’ by HMRC. As a letting agent we are legally required to deduct tax from the rental income of overseas landlords, unless: -

  • we have prior authorisation from HMRC to pay it gross; or
  • we provide a tenant finder service only, we collect our own fee for finding a tenant from rent payments, rent is collected for no more than 3 months and the tax is no more than £100.

If we enter into a management contract with an overseas landlord, or if an existing landlord moves overseas, we will inform them of this requirement and invite them to apply to HMRC to receive their rental income gross.

If we receive authorisation from HMRC to pay the rental income gross we will keep a copy of the authorisation letter on file and pay rent to the landlord without making a tax deduction.

Unless and until we receive authorisation from HMRC to pay the rental income gross, we will:

  • deduct basic rate tax from the rent (after allowing for any expenses incurred); and
  • give the landlord a ‘NRL6’ certificate no later than 5th July detailing, how much tax we have deducted.

If we collect rent for overseas landlords we will comply with the requirements of the HMRC ‘non-resident landlords scheme’, including: -

  • registering with HMRC and completing a NRL1 form;
  • calculating and paying the tax on rent received for relevant overseas landlords within 30 days of the end of each tax quarter (30 June, 30 September, 31 December and 31 March)
  • completing an annual information return and submitting it to HMRC no later than 5th July each year;
  • keeping sufficient records to show that we have complied with the requirements of the scheme.

We have obligations under schedule 23 of the Finance Act 2011 to provide to HMRC on request details of landlords we act for, rents received and deductions made by us on their behalf.

Procedures for Handling Client Monies

All client money held by us will be held in a client bank account with the Royal Bank of Scotland which is authorised by the Financial Conduct Authority. We have written confirmation from the bank that: -

  • all money standing to the credit of that account is client money; and
  • the bank is not entitled to combine the account with any other account or exercise any right to set-off or counterclaim against money in that account for any sum owed to the bank on any of the other accounts it holds for us.

We record and monitor all transactions through this account and reconcile these on a working daily basis.

Any client money paid to us by automated transfer will be paid directly into the client account. All other client money will be paid into the client bank account within 2 working days of receipt by us. Any mixed remittances (payments comprising client and non-client money) will also be paid into the client account. If we receive any unidentifiable transactions, we will treat these as client money until such time as we can identify them. Where we are unable to identify a transaction within 60 days these funds shall be returned to the sending bank.

We will keep precise records of all client money received.

We will remove from the client account money owed to us for goods or services as soon as possible and at least on a monthly basis.

Money held in our client account which is due to a landlord or tenant will be paid to them as soon as is reasonably practicable and without any unnecessary delay or penalty, unless agreed otherwise in writing (for example where it has been agreed that we will retain funds from a landlord to cover a large repair invoice). For further information see our written

procedure on rent collection and handling.

Where a landlord or tenant requests money to be paid to them which we are holding in our client account, such a request must be made in writing. At the commencement of a letting/property management service agreement, we will ask landlords to provide bank details, which we shall retain on file. Where a landlord requests the transfer of funds electronically to a bank account which differs from the account details given to us in writing at the outset of the service agreement, they must provide us with confirmation of their alternative nominated bank account in writing, and which must be signed by them. Where a tenant requests the transfer of funds electronically they must provide us with confirmation of their nominated bank account in writing, and which must be signed by them. Bank details provided by email will not be accepted due to cyber-security risks.

Where a landlord requests information regarding money we are holding on their behalf, such a request must be made in writing. We aim to respond to such a request within 3 working days.

John Lornie, Finance Director, is responsible for overseeing the day to day running of the client account and the handling of all client money within the business.

We hold a client money protection insurance policy with CMP and will provide details of this policy to landlords and tenants on request.

We hold a professional indemnity insurance policy through Alan Boswell Insurance Brokers and will provide details of this policy to landlords and tenants on request.

Debt Recovery Procedure (Tenants)

The date that you are required to pay your rent is detailed in your tenancy agreement. If you are unable to make payment in full by that date please contact the office as soon as possible to discuss the situation.

We will contact you by telephone, email and/or letter within 3 working days of the rent falling overdue to discuss your arrears and request that payment is made in full. Should you continue to fail to make payment of rent which is overdue, we will contact any guarantor for the tenancy within 14 days of the rent falling overdue, to discuss matters and to request payment in full, from them.

If at any point there is a dispute over the amount of rent outstanding we will provide you with a clear written rent statement and offer to meet you face to face to explain the statement.

If you fail to pay the rent the landlord may take action to end the tenancy and raise legal action to recover the rent arrears from you or your guarantor.

If there is more than one tenant named on the tenancy agreement, all tenants are jointly and severally responsible for ensuring that the rent is paid in full and on time. If the rent is in arrears we may pursue any joint tenant or all of them for payment.

If there is a guarantor for the tenancy we may pursue them for payment if the rent is in arrears. If there is more than one guarantor for a tenancy we may pursue any guarantor or all of them for payment.

If you receive housing benefit as a local housing allowance or through Universal Credit, then it remains your responsibility to ensure that the rent is paid in full and on time, as required by the tenancy agreement. If the housing benefit you are entitled to is less than the monthly rent, then you are responsible for paying the difference in full and on time.

If you are struggling to pay your rent we recommend that you seek help, as soon as possible. If you're in rent arrears or having difficulty in paying your rent then you can get free advice from:

  • Shelter Scotland
  • Citizens Advice Scotland
  • The Money Advice Service
  • Scotland's Financial Health Service
  • StepChange

In contacting tenants or guarantors who owe money, we will not act intimidatingly or threateningly, misrepresent our authority or the correct legal position.

Debt Recovery Procedures (Landlords)

The date the tenant is required to pay their rent is detailed in their tenancy agreement. We cannot guarantee that the tenant will pay on time but will make every effort to ensure they do. We will monitor rents regularly and check for arrears at least daily.

If the rent is in arrears, we will adhere to the following procedure, unless alternative arrangements for a particular tenancy/property have been agreed with the landlord in writing.

If the rent is 3 days late we will endeavour to contact the tenant by telephone and letter emailed to them to bring this to their attention, request an explanation as to why the rent has not been paid and inform them that they are required to pay it immediately. If the tenant is not contactable by telephone then we will send them a letter or email which draws their attention to the arrears and asks them to ensure payment is made immediately or contact the office by telephone if they do not expect to be able to pay within this timeframe.

If the rent remains unpaid after following the above procedure, we will contact the landlord in writing to advise them of the situation after the debt is greater than 14 days old.

We will endeavour to contact the tenant by telephone again to bring the arrears to their attention, request an explanation as to why the rent has not been paid and inform them that they are required to pay it immediately. We will also send the tenant a letter or email which:

  • 1. states that the rent is still in arrears despite the first reminder;
  • 2. asks them to ensure payment is made within 2 working days, or contact the office by telephone if they do not expect to be able to pay within this timeframe;
  • 3. states that if they fail to pay the rent within this timeframe the landlord may take steps to end their tenancy, and begin legal action to recover the arrears.

If the tenant has a guarantor we will also contact them at this point to request payment. We will endeavour to make contact by telephone and also issue them with a written request for payment.

If the rent remains unpaid despite the above two reminders, we will contact the landlord to advise them of the situation. We will also continue to chase the tenant (and guarantor, if applicable) for payment by telephone or in writing at least once a week and will keep a written log of these actions and any response received from them.

We will also endeavour to arrange a meeting with the tenant, ideally at the rental property, to discuss the rent situation and, where applicable, signpost the tenant to other sources of advice and assistance.

If we suspect or know that the tenant is in receipt of housing benefit such as local housing allowance or Universal Credit, we will contact the appropriate body to advise them of the arrears and apply for any housing benefit to be paid directly to us rather than to the tenant. Unfortunately, direct payment is no longer guaranteed and is completely at the discretion of the administering authority.

If, despite the above actions being followed, it appears that the tenant is not going to pay the rent, we will advise the landlord of alternative options for chasing the arrears such as instructing a third party debt collection agency or the landlord pursuing the tenant through legal channels such as the Simple Procedure Claim to recover the arrears. We will also discuss with the landlord the option of serving notice to end the tenancy.

If at any point the tenant disputes the debt we will provide them with a clear written rent statement and offer to meet them face to face to explain the statement.

If at any point we believe that the tenant is struggling to manage their finances, we will signpost them to places they can seek advice such as Citizen’s Advice Bureau.

In the case of there being multiple or joint tenants/guarantors for a tenancy, we will follow the above procedure to pursue all the tenants and guarantors.

In contacting tenants or guarantors who owe money, we will not act intimidatingly or threateningly, nor misrepresent our authority or the correct legal position.

In the case of the tenant incurring debts other than rent arrears (for example damages to the property not covered by the deposit), we will follow all of the procedures outlined in stages 1-4 above that are applicable to the type of debt.

Deposit Handling Procedure

Landlords who take a deposit for a rental property in Scotland are required, within 30 working days of the start of the lease, to: -

  • 1. pay the deposit into a government approved tenancy deposit scheme; and
  • 2. provide the tenant with written information about the deposit and the circumstances under which it can be claimed by the landlord at the end of the lease.

These requirements were introduced by the Tenancy Deposit Schemes (Scotland) Regulations 2011.

Where instructed to lodge deposits on your behalf, we will comply with the above requirements.

Our standard policy is to require tenants to pay a deposit of up to two months rent which is the maximum allowable by law. On most occasions the deposit will be one months rent plus £100. In some rare circumstances no deposit is taken, only with the approval from the landlord to let the property with no deposit.

Should you require us to apply for any deductions from the deposit at the end of the tenancy we will apply a small non refundable deposit administration charge. Please note that we cannot guarantee that the deposit scheme adjudicator will approve all or any of the deductions claimed.

Insurance Claim Procedures

We will only assist with an insurance claim on behalf of a landlord if we have the landlord’s written instruction to do so. The charge for this service will be agreed with the landlord in writing in advance of any work being undertaken.

In common with most letting agents, we are not regulated by the Financial Conduct Authority and cannot therefore deal with any regulated activities unless we are named on the policy as a joint policyholder. Regulated activities include notifying the insurer of a claim and completing a claim form.

If we are named as a joint policyholder we will notify the insurer that it is likely a claim will be submitted to them as soon as is practical after we become aware the loss has been incurred and authorisation has been given by the landlord to submit and deal with a claim. We will provide details of the loss to the insurer and seek instructions from them on how many quotes they require for remedial works.

We will obtain quotes for remedial works if these are required by the insurer and submit these to the insurer.

If the insurer wishes to send a loss adjuster to the property, we will arrange access to the property for them and we will meet them at the property if requested.

If the insurer agrees to remedial works being carried out by a third party contractor: - Once the insurer has approved a quote and agreed that remedial works can commence, we will arrange access to the property for contractors carrying out the works. Once the remedial work has been completed we will carry out an inspection to check that the standard of the work is satisfactory. If it is not then we will ensure the contractor returns to rectify faults with the work before their invoice is submitted to the insurer for payment.

If the insurer wishes to arrange remedial works themselves using their own contractors: - We will arrange access to the property for contractors carrying out the works. Once the remedial work has been completed we will carry out an inspection to check that the standard of the work is satisfactory. If it is not then we will contact the insurer to make them aware of this and ask that they arrange for their contractors to return to rectify faults with the work.

We will aim to update the landlord on the progress of the claim on a regular basis.

Procedure for Key Management and Access to Properties

All keys held by us will be kept secure within our office, will be kept separate from property address information and will be labelled using a coding system. Details of key codes will be stored securely in digital format and can only be accessed by authorised staff members. The key code database will be regularly backed up to ensure that information can be recovered in the event of a system failure.

We will maintain detailed records of the use of keys by staff and authorised third parties including the date the keys are uplifted from the office, who they are issued to and when they are returned. When keys are not returned within one week we will carry out checks to ensure that they are still in the possession of the person who uplifted them and that they have a good reason to continue holding them.

We will take reasonable steps to ensure that while keys are out of the office they are not held alongside property address information.

We will take reasonable steps to ensure keys are only given to suitably authorised people.

When accessing properties which are unoccupied or where the tenant is not present we will take all reasonable steps to ensure the property is left secure.

We will ensure that any staff members likely to be contacted in the event of an out of hours emergency have access to retained keys out of hours.

When access is required to properties which are tenanted we will give tenants reasonable notice of who will visit the property and the reason for this. We will make it clear to the tenant or occupier beforehand if a third party will visit the property, they will be unaccompanied by an agent.

We will give the tenant or occupier at least 24 hours’ notice (48 hours’ notice for tenants on Private Residential Tenancies) of our intention to access the property unless the situation is urgent.

We will ensure that the tenant is present when the property is accessed and visit at reasonable times of the day unless otherwise agreed with the tenant.

We will only use retained keys to enter the property without the prior agreement of the tenant in an emergency. Emergency situations are those where: -

  • there is a serious and imminent risk to health and safety; and/or
  • there is a serious and imminent risk to the structure of the building; and/or
  • there is a serious and imminent risk to the security of the property.

If the tenant refuses access, neither we, the landlord nor any third party contractor can enter the property using retained keys without a court entry warrant, except in an emergency situation.

Procedure for managing the ending of a tenancy

We will adhere to the following procedure when managing the end of a tenancy, unless alternative arrangements for a particular tenancy/property have been agreed with the landlord in writing.

Termination of a Private Residential Tenancy (PRT)

Where the landlord wishes to end the tenancy:

If the landlord asks us to end the tenancy we will explain the procedure to them and that a PRT can only be ended using one or more of the legislated grounds for doing so..

If the landlord has grounds for ending the tenancy, we will: -

  • I. serve on the tenant a Notice to Leave giving sufficient notice as required by statute; serve the notice via email, to the tenant’s current email address (unless the tenant has previously advised of a different preferred contact method)
  • II. contact the tenant following the serving of notice to establish that the tenant understands what the notice requires and that they intend to leave on the date given in the notice.

If the tenant voluntarily leaves after receiving this notice we will complete the end of tenancy procedure set out in section C below.

If the tenant does not leave when required to on the notice we will: -

  • I. inform the landlord that they will need to begin proceedings for eviction at the First-tier Tribunal for Scotland (Housing & Property Chamber); and
  • II. where an eviction is granted, we will complete the end of tenancy procedure set out in section C below.

Whilst we can do this for landlords, it is not included in our standard management terms and further fees will apply.

When the tenants wish to end the tenancy:

On receipt of notice from the tenant we will: -

  • I. check that the notice complies with the terms of the tenancy;
  • II. if it does, we will reply to the tenant in writing acknowledging receipt of the notice, providing a date and time for a final inventory check and advising them of our end of tenancy procedures and their end of tenancy responsibilities such as the standard of cleaning required and the closing of utility and council tax accounts; and
  • III. inform the landlord in writing that a valid notice has been received and seek their instructions on whether the property is to be remarketed for let.

If the notice does not comply with the terms of the tenancy we will: -

  • I. reply to the tenant in writing advising them that their notice is not valid and giving the reasons why; and
  • II. inform the landlord that an invalid notice has been received.

Joint tenancies

If notice is received from a joint tenant, we will notify them that in order to end a joint tenancy, we need to receive notice from all joint tenants. Once joint notice is received, we will check that the notice complies with the terms of the tenancy. If the notice is correct we will: -

  • I. reply to the tenants in writing acknowledging receipt of the notice;
  • II. write to any tenant(s) wishing to remain, advising them that as notice has been received to end the joint tenancy, that they would need to either vacate the property too, or apply for a new tenancy either with a new joint tenant, or in their sole name(s) in terms of which they will be solely responsible for all tenant obligations, and asking them to make contact with us as soon as possible to discuss matters further;
  • III. inform the landlord in writing that a valid notice has been received, but that at least one tenant wishes to remain and apply for a new sole or joint tenancy.;
  • IV. where we have concerns about the ability of the remaining tenant(s) to pay the rent, we will discuss this with the landlord.

Where a joint tenant is not being replaced by a new joint tenant, no final inventory check will be carried out, or deposit returned if a new tenancy is to start in the name(s) of the remaining tenant(s).

In the event of a joint tenant being replaced by a new joint tenant, a partial deposit will be collected from the new joint tenant with a partial deposit usually returned to the outgoing tenant (unless deductions are required). No inventory check will be carried out unless the new tenant refuses to sign the original inventory without amendments being made.

Termination of an Assured or Short Assured Tenancy

Where the landlord wishes to end the tenancy:

Ending an assured/short assured tenancy using a Section 33 notice

If the landlord wishes to end the tenancy in accordance with section 33 of the Housing (Scotland) Act 1988, we will: -

  • I. serve on the tenant a Notice to Quit and a Section 33 notice giving at least two months’ notice and expiring on an ish date;
  • II. serve these notices via Sheriff’s Officers; and
  • III. contact the tenant following the serving of notices to establish that the tenant understands what the notices require and that they intend to leave on the date given in the notices.

If the tenant voluntarily leaves after receiving these notices we will complete the end of tenancy procedure set out in section C below.

If the tenant does not leave on the date required in the notices we will inform the landlord that they will need to begin proceedings for eviction with the First-tier Tribunal for Scotland (Housing & Property Chamber). Whilst we can do this for landlords, it is not included in our standard management terms and additional fees are payable. Where an eviction is granted by the Tribunal we will complete the end of tenancy procedure set out in section C below.

Ending a short assured/assured tenancy using an AT6 notice

If the landlord wishes to end an assured tenancy, or a short assured tenancy (usually because the tenant has committed a serious breach of the terms of their tenancy), we will inform the landlord that they are required to use the AT6 procedure. Whilst we can do this for landlords, it is not included in our standard management terms and additional fees are payable.

In these circumstances we will: -

  • I. inform the landlord that they may wish to instruct a solicitor to issue this notice and to raise proceedings for eviction at the First-tier Tribunal for Scotland (Housing & Property Chamber);

Where the tenant wishes to end the tenancy

On receipt of notice to quit from the tenants we will: -

  • I. check that the notice complies with the terms of the tenancy;
  • II. if it does, we will reply to the tenant in writing acknowledging receipt of the notice, providing a date and time for a final inventory check and advising them of our end of tenancy procedures and their end of tenancy responsibilities such as the standard of cleaning required and the closing of utility and council tax accounts;
  • III. inform the landlord in writing that a valid notice has been received and seek their instructions on whether the property is to be remarketed.

If the notice does not comply with the terms of the tenancy we will: -

  • I. reply to the tenant in writing advising them that their notice is not valid and giving the reasons why;
  • II. inform the landlord that an invalid notice has been received.

Joint tenancies

If notice is received from a joint tenant we will inform them that one joint tenant cannot terminate the tenancy on behalf of all joint tenants and that they will therefore remain responsible for the terms of the lease until notice is received from all tenants or a new tenancy is approved by the landlord and signed.

In the event of a joint tenant being replaced by a new tenant, a partial deposit will usually be returned to the outgoing tenant (unless deductions are required). No inventory check will be carried out unless the new tenant refuses to sign the original inventory without amendments being made.

On the day the tenant vacates, or as soon as possible thereafter, we will: -

  • I. inspect the property at a time agreed with the tenant, unless there is a good reason not to have the tenant present (e.g. history of abusive behaviour towards staff), to carry out a final inventory check and take final meter readings;
  • II. prepare a written final inventory check report with photographs of any damage or cleaning required;
  • III. note any repairs that need to be carried out by the landlord;
  • IV. if the tenant was unable to be present at the checkout inspection, inform them of the outcome of the inspection and any issues identified and, once available, provide them with a copy of the final inventory check report including any recommendations for retaining all/some of the deposit to cover the cost of any remedial works;
  • V. notify the utility suppliers and local authority that the tenant has vacated and that the landlord is responsible for any utility and council tax bills until a new tenant moves in;
  • VI. provide the landlord with a written report on our findings, including any recommendations for claiming all/some of the deposit back and then follow the deposit return procedure outlined below.

If there are no deductions required from the deposit we will tell the deposit scheme to refund the deposit, in full, to the tenant.

If there are deposit deductions required we will: -

  • I. give the tenant clear written information about what has been identified during the check-out process and the proposed remedial costs with reference to the inventory;
  • II. once deductions have been calculated, try to agree with the tenant the amount of deposit to be claimed;
  • III. contact the deposit scheme with a proposal for the repayment of the deposit.

In the case of a deposit dispute, we will submit documentation to the scheme to evidence any deductions on behalf of the landlord where we are instructed to do so. In order to avoid any delays in re-letting the property we will, if we hold sufficient funds for the landlord, arrange for remedial works to be carried out while the deposit dispute is being resolved.

Dealing with Abandonment

If we have reason to believe that a tenant has abandoned a property, we will seek instructions from the landlord on how they wish to proceed. We will explain to them that the correct procedure to follow is to either obtain written confirmation from the tenant that they want the tenancy to be ended, or if the tenant is uncontactable. the landlord should serve notice to end the tenancy, then apply to obtain an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber).

If a tenant leaves behind possessions in a property after they have vacated, we will follow the procedure agreed in the tenancy agreement.

If there is no such procedure agreed in the tenancy agreement, we will: -

  • I. make attempts to contact the former tenants setting out that if the items are not collected within a specified period, then they will be disposed of and if they are sold, then any sums realised will be used against any rent arrears or claims against the tenant including potential storage costs;
  • II. keep records of any attempts made to contact the tenants;
  • III. take a detailed inventory of the items left;
  • IV. if the items are sold, we will keep full records of the sale and the sums received.

Marketing, Application and Referencing Procedures

In accordance with the Letting Agent Code of Practice (Scotland) Regulations 2016 we are required to obtain your permission to advertise your property and to erect a lettings board. In signing the landlord agreement per clause 2(w) you are agreeing to us undertaking these activities. Before doing so you should check the title deeds for the property and with the factoring company/residents association (where applicable) to establish whether there are any restrictions on lettings boards being erected at the property. If there are then these should be declared where indicated below.

We will show the property to prospective tenants on your behalf. We conduct viewings Monday - Friday between 9am and 5pmt.

If a tenant lives at the property, we must give them reasonable notice of appointments (at least 24 hours’ notice (48 hours’ notice for tenants on Private Residential Tenancies)), unless other arrangements for viewings have been agreed with the tenant, in advance. We will ensure the tenant is present when viewings take place, unless otherwise agreed with the tenant, in advance. If the tenant refuses access, we do not have any right to enter the property using retained keys, without first obtaining an entry warrant from the First Tier Tribunal (Housing and Property Chamber).

When using retained keys to carry out viewings we will ensure the keys to the property are kept secure and will maintain detailed records of their use by staff including the date the keys were issued, to whom, and when they were returned. We will take all reasonable steps to ensure the property is left secure after viewings.

We will inform you in writing of any applications made for the property, as soon as possible, along with all relevant information about the offer and the applicant. In the case of multiple applications being received, we will advise you which application we recommend accepting and seek your instructions on which one to proceed with, subject to full referencing.

We will stop marketing the property once an application has been received from applicants who we believe to be suitable and who have paid the full deposit.

All adults who intend to occupy the property will be required to complete an application form and be referenced. All will be required to provide photographic ID, proof of their current address and all of the following that are appropriate to their circumstances will be checked during the referencing process: -

  • recent landlord/letting agent reference stating tenancy dates, monthly rent due, details of any arrears, a statement on the condition of the property during or at the end of the tenancy and a statement on whether there were any breaches of the tenancy agreement;
  • employer/pension provider/accountant reference on headed paper stating job title, contract length and annual income;
  • evidence of any state benefit entitlement;
  • last 3 months of current account bank statements;
  • letter from university confirming student status;
  • for students funded/paid by an organisation or government, evidence of paid income or funding for living expenses.
  • their UK visa (for applicants from outside the EU)

In order to ensure they are able to afford the rent, we usually require tenants to have a monthly gross income of 2.5 times the rent and guarantors to have an income of 3 times the monthly rent. If the applicant does not meet the income criteria we will require them to provide a UK based guarantor and/or pay 6 months’ rent upfront. Guarantors will be referenced in the same way as tenants and. will also be required to sign the lease, committing them to cover any outstanding amounts due from the tenant under the terms of the tenancy agreement.

We will take all reasonable steps to confirm the identity of applicants and guarantors and to verify references. We will provide you with a copy of all application and referencing paperwork and seek your approval to proceed with the tenancy, if you have requested us to do so..

In arranging and conducting viewings and accepting and processing applications for the property we must not unlawfully discriminate against a person protected by the Equality Act

  • 2010. In particular we must not unlawfully discriminate against a prospective tenant on the

basis of their age, disability, sex, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief or sexual orientation.

Complaints Procedure

We are committed to providing a high-quality service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.

If you have a complaint about our service, or about the service of a contractor or third party who we have instructed to provide goods or services in relation to a property owned by or occupied by you, please write down the details of your complaint and send it to:

Mr Steven Murray Operations Director Unit 1/109 Swanston Road Edinburgh EH10 7DS

Email steven.murray@rentlocally.co.uk

On receipt of your complaint we will adhere to the following procedure: -

We will acknowledge receipt of your complaint in writing within 5 working days of receiving it, giving you a named contact who will be dealing with the complaint.

Your named contact will then investigate your complaint and will send you a detailed written reply, including their suggestions for resolving the matter, within 10 working days of us receiving your complaint.

There may occasionally be circumstances outwith our control which prevent us from adhering to this timeframe. These include: -

  • when the office is closed for public holidays;
  • where adverse weather or sickness has led to staff shortages;
  • where we cannot respond in full without the input of a third party (e.g. contractor, landlord, tenant) who is not available;
  • where we cannot respond in full without visiting the rental property and the tenant is restricting access;
  • where we cannot respond in full without the input of a key member of staff who is not available.

We will contact you if we are unable to respond within this timeframe and let you know when we aim to respond by.

Upon receipt of our response, if you are still not satisfied, you can contact us again in writing and we will arrange for a senior manager to review the decision.

Our senior manager will write to you within 10 working days of us receiving your request for a review, confirming our final position on your complaint and explaining our reasons.

You may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if we have breached the Scottish Letting Agent Code of Practice and you remain dissatisfied once the above stages have been exhausted, or if we do not process your complaint within a reasonable timescale. You can contact the Housing & Property Chamber at: -

4th floor 1 Atlantic Quay 45 Robertson Street Glasgow G2 8JB 0141 302 5900

https://www.housingandpropertychamber.scot

RentLocally.co.uk Ltd Head Office, is registered with the Scottish Letting Agent Register LARN 1804005 and is required to adhere to the Scottish Letting Agent Code of Practice which can be found at http://www.legislation.gov.uk/ssi/2016/133/schedule/made. All Rentlocally.co.uk Ltd franchises and franchise partners are also registered with the Scottish Letting Agent Register. Their registration (LARN) numbers can be provided on request.

In accordance with the code we will retain (in electronic or paper form) all correspondence about a complaint for five years.

RentLocally.co.uk Ltd is also a member of the Council of Letting Agents (www.counciloflettingagents.com) and you may invoke their complaints procedure if you remain dissatisfied once the stages above have been exhausted, or if we do not process your complaint within a reasonable timescale.

RentLocally.co.uk Ltd is also a member of the Property Redress Scheme (https://www.theprs.co.uk/) and you may invoke their complaints procedure if you remain dissatisfied once stages 1-4 above have been exhausted, or if we do not process your complaint within a reasonable timescale.