Smoke & heat detectors legislation for landlords in Scotland

by Readers Question

18:14 PM, 14th July 2014
About 4 years ago

Smoke & heat detectors legislation for landlords in Scotland

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Smoke & heat detectors legislation for landlords in Scotland

I have just been told that heat detectors are now a requirement in rental properties in Scotland and that smoke detectors are required in more rooms now. 

I have been unable to find any new legislation on this matter.

Could someone please advise me on the legality of this and where to find the said legislation.

Thanks

Graeme Paton



Comments

Mark Alexander

18:19 PM, 14th July 2014
About 4 years ago

Hi Graeme

I don't know the answer to your question but I know who will.

To keep in touch will all landlord related regulations in Scotland I strongly recommend you to become a member of the Scottish Association of Landlords - see >>> http://www.property118.com/smoke-heat-detectors-legislation-scotland/67170/

I have also sent the following Tweet to invite them to respond here.

Mike W

18:29 PM, 14th July 2014
About 4 years ago

Hi Graeme,
Firstly I was surprised when a builder friend mentioned it and I checked. Just to show how bureaucratic being a landlord has become you need to check the repairing standard. That makes reference to fire safety regs which in turn make reference to building standards. So in effect, as I read it, when you rent your own home you need to (possibly/probably) upgrade it when you move out so that you can legally rent it to someone else. Interesting perspective? I wonder whether legislators actually think things through or whether there is some sort of bias? Discrimination? Why should I not be required to upgrade my home that I live in? Ah because the electorate make not like that? Oh and if you live in a flat you may have to get a building warrant to do the work. Hidden taxes?

Scottish Association of Landlords

18:34 PM, 14th July 2014
About 4 years ago

Hi there

This is correct. You can see the new guidance from the Private Rented Housing Panel at http://www.prhpscotland.gov.uk/prhp/136.26.32.html.

Our helpline can give individualised assistance if required too for members.

Hope that helps

best wishes

Michael Barnes

19:17 PM, 14th July 2014
About 4 years ago

Reply to the comment left by "Scottish Association of Landlords" at "14/07/2014 - 18:34":

I have just fought my way through the above link (not easy because it appears to be circular in some cases) and the interesting (to me) point is that everything is stated as "SHOULD".

To me "should" means "it is a good idea, but you don't have to".

Does "should" have a different specific legal meaning?

Jamie M

19:24 PM, 14th July 2014
About 4 years ago

~Detectors - Wired to mains and wireless linked heat and smoke detectors are available at home base and most electrical stores. Remember to link the wireless capability once installed and to configure them to your home or else you will set off the neighbours if they have bought the same and not configured for just their home too. The default settings are hilarious if you have people nearby with the same and they and you have not configured them. You can wake them up at all hours!

Scottish Association of Landlords

19:30 PM, 14th July 2014
About 4 years ago

It's a legal requirement.

The PRHP is the body which decides if the Repairing Standard has or has not been breached in cases brought to them. The onus is on the tenant to report the landlord to the PRHP if they believe their rental accommodation does not meet the Repairing Standard.

Like many of these rules, there will not be any "letting police" checking for enforcement. That's frustrating for many that nobody will be checking and that the good landlords as usual comply, at a high prices too. This work is approx £300-400 for a 2 bed flat.

However, not many sensible landlords would be looking to find ways to avoid meeting fire safety regulations,

In any case battery powered detectors in a property in 2007 when the Repairing Standard came in and which met the Standard then are in most cases coming to end of life now or past that. Mains wired would be required anyway when replacing those.

SAL believe that this should now be made a requirement for all tenures, as why should tenants in all other tenures, not have the same protection? If its required for the PRS, the same standards should apply to local authority/social landlords.

Also we have had an amendment added to the recent Housing Bill which, to cut a long story short, would require any future changes to the Repairing Standard to be consulted upon. This was not.

Are you in Scotland? please join SAL and help us lobby? There is lots more in the pipeline here in Scotland. It's expensive and time consuming work so please add your voice.

Best wishes from all at SAL.

Neil Woodhead

19:39 PM, 14th July 2014
About 4 years ago

Remover to add £100 building reg fee plus Architects fee for producing building reg plans

Mike W

19:49 PM, 14th July 2014
About 4 years ago

Reply to the comment left by "Scottish Association of Landlords" at "14/07/2014 - 19:30":

SAL,
Please explain to me if it is good for the PRS, why is it not good for all houses/flats? Why should an owner occupier not be required to install the same required equipment? Frankly I do not see the need to put fire detectors in virtually every room of my house which was built in 1884. Yet apparently if I wanted to rent it out ......

Scottish Association of Landlords

19:55 PM, 14th July 2014
About 4 years ago

Hi there

See above. Please don't shoot the messenger. :-). We agree with you.

Here at SAL we believe that the standards should be the same across all tenures -see our earlier post. We are lobbying for that.

Best from all at SAL.

Michael Barnes

20:13 PM, 14th July 2014
About 4 years ago

Reply to the comment left by "Mike W" at "14/07/2014 - 19:49":

Because tenant is a consumer, and you owe tenant a duty of care. tennant either cannot or will not spend lots of money making a place safe when they may be out in a few months.

If you choose to endanger yourself, then that is a different matter.

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