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SAL Code of Practice

Members of SAL agree to abide by a Code of Practice. We have two types of membership with a specific Code of Practice relevant to each type: 

Landlord members
Council of Letting Agents members


Landlord member Code of Practice

This Code of Practice is intended to apply to member landlords managing residential properties for let. Whilst this Code intends to promote good management standards in the private rented sector, members are reminded that landlords renting residential property are also obliged to abide by statutory duties as outlined in relevant Housing, Fire Safety, Health & Safety and Data Protection legislation. This code should not be construed as intent to replace any statutory obligations on landlords.

1.    All tenants will be provided with a written tenancy agreement or a written statement of the terms of their occupancy at the commencement of the tenancy. This will include a contact name, address and telephone number of the landlord for the provision of serving notices and ease of communication.

2.    The landlord will acknowledge promptly all communications received from the tenant and make clear their procedure for dealing with tenant complaints.

3.    All disrepair in the property for which the landlord is responsible will be attended to promptly, with minimum disturbance to the tenant.

4.    The landlord will respect the tenant's right to peaceful and quiet enjoyment of the property free from harassment and threat of illegal eviction.

5.    The landlord will, in except of cases of emergency, give the tenant reasonable notice of not less than 24 hours in writing (unless otherwise agreed with the tenant) when access to the property is required by the landlord or their agents.

6.    The landlord will give such reasonable assistance as is required by a local authority to enable a tenant to claim housing benefit.

7.    The landlord will supply the tenant with a telephone number or other means of contacting the landlord or their agent in an emergency; in particular when the landlord is absent.

8.    Before proceedings are commenced, the tenant will be notified of any breach of the tenancy agreement that is to be used as a basis for legal proceedings against the tenant.

9.    The landlord undertakes to explore appropriate routes to resolve disputes with the tenant by informal means before turning to formal legal proceedings.

10.    The landlord will provide the tenant with accommodation (including fixtures, fittings and furnishings) that complies with all legal requirements relating to the fitness of accommodation.

11.    The landlord will, when so requested, provide the tenant with a written statement of their tenancy account.

12.    Where tenants pay rent weekly a rent book will be provided by the landlord. Otherwise a proper receipt will be issued whenever rent is paid direct to the landlord by cheque or cash.

13.    All tenants will be treated with appropriate courtesy and respect. The landlord will always act in a fair, honest and reasonable way in all their dealings with the tenant.

14.    The landlord will not refuse a tenant a reference for the purposes of securing a new tenancy, without good cause.

15.    At all times the landlord will keep information about tenants confidential and only disclose such information if full consent of disclosure is obtained from the tenant.

16.    Where appropriate, the landlord will obtain relevant registration under the Data Protection Act.

17.    The landlord will apply for, and obtain, relevant licences and registration documents to operate as a private residential landlord in Scotland.

 

Council of Letting Agents Code of Practice

1.    Raising standards - Contribute towards raising standards within the private rented sector by adhering to the CLA code of practice and always acting fairly and in accordance with the law.

2.    Customer Service – Strive to provide the highest standards of customer service to the public, landlords and tenants in all aspects of residential property management.

3.    Legislation – Adhere to all regulations governing the residential rental sector in Scotland. 

4.    Education - Ensure all landlords are aware of their legal obligations and kept updated of any changes or amendments in the law which impacts on their obligations. 

5.    Training – As a member of the CLA, staff must be made aware and kept fully up to date with any changes in current legislation, with training being made available where necessary. Ensure staff are appropriately and adequately trained and monitored.

6.    Statement of Services - Provide a written contract to landlords which sets out, in a clear and transparent way, your terms and conditions.  Retain a signed copy from each landlord client.

7.    Financial - Ensure robust internal procedures are in place when dealing with landlord and tenant monies.  Ensure all relevant legal accounting obligations relating to running a business are followed.

8.    Audit - Ensure that all matters pertaining to the management of your business and properties are appropriately documented.  Make available to landlords, tenants and the public a clear complaints procedure which takes account of the CLA code of practice.  

9.    Security - Procedures should be put in place to ensure appropriate duty of care towards the public, landlord, tenant, staff and contractors by putting in place measures to control the likely risks to their security and safety.

10.    Professionalism - CLA members should at all times ensure that they conduct their business in a professional manner and do not bring the letting industry into disrepute.

Complaints about any breaches of the Codes are accepted in accordance with the SAL complaints procedure within 6 months of the matter of complaint. Please email or call SAL on 0131 564 0100 to request a copy of the complaints procedure or for information on how to make a complaint. info@scottishlandlords.com

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