Housing Information and Advice
In April 2007, Perth & Kinross Council had around 7,800 properties for rent. As well as being a landlord, however, the Council has a strategic enabling role to play in the development of new affordable housing and the provision of housing information and advice.
Anyone wishing to discuss their own housing situation in person is asked to contact the local area office of the Council's Housing Service. Alternatively, email housinginfo@pkc.gov.uk.
Social Rented Accommodation
In Perth & Kinross, social rented accommodation is provided by the local authority, Perth and Kinross Council, and by Housing Associations and Co-operatives. If you wish to apply for this type of housing, you will need to complete an application form and an assessment of your circumstances will be undertaken. In Perth and Kinross, a Common Housing Register is in operation and this means that by submitting a single form, you will have access to the main social-rented housing providers in the area. Application forms can be collected from (or returned to) any of the Council's Area Housing Offices. A translation service is available to help with filling in forms or speaking to housing staff, if required.
For most areas and property types, there are more applicants than there are vacancies and as a result, it is likely that your application will be added to a waiting list. The length of time that you will have to wait for a property will depend upon the number of vacancies and the assessment of your housing need. If you feel that you need accommodation or alternative housing urgently, you should contact the Council's Homelessness Advice and Assistance service to discuss your circumstances. A translation service is available if required.
Private Rented Accommodation
A variety of types and sizes of property can be privately rented in Perth and Kinross. Landlords advertise their properties in a variety of places including estate agencies, newspapers and shop windows. The rent charged will vary across areas and property types but for a typical 2 bedroom flat in Perth, you should expect to pay between £350 & £450 per calendar month. Properties in this sector may be furnished or unfurnished and in either case, it is normal to have to pay a deposit of around one month's rent at the start of the tenancy; this money should be returned to you at the end of the tenancy providing you have looked after the property and any contents that belong to the landlord. It is important to remember that as a private tenant, you have rights in respect of your occupation of the property. You are entitled to a written tenancy agreement and your landlord must give you proper notice if he/she wants you to vacate the property. Your landlord is also obliged to carry out essential repairs to the property such as repairs to roofs, windows, heating and plumbing systems. If your landlord fails to carry out these repairs, you should contact Perth & Kinross Council's Environmental Health department. If you are currently in private rented accommodation and you have any concerns about your landlord, you may wish to seek legal advice or contact the Citizen's Advice Bureau.
Private Rented Accommodation - Landlord Responsibilities
From 30th April 2006, all private landlords must have registered with the local authority. This mandatory registration process has been implemented to ensure that landlords are 'fit and proper persons'. A national Landlord Registration website has been set up and you can use this to check if your landlord has registered.
The responsibilities of the landlord should be embodied within the Tenancy Agreement. If they are not included however, or there is no written agreement, certain key responsibilities still apply. These are summarised as follows;
A landlord must provide the tenant with their name and address and/or contact details of their agent if they have one.
A rent book must be provided if the tenant is to pay rent weekly and receipts must be issued for any cash payments.
A minimum of 24 hours notice in writing is required if a landlord needs access to a tenanted property to carry out an inspection or non-emergency repairs. Notice is not required for emergency repairs.
A landlord should ensure that the property is wind and watertight.
A landlord must ensure that the property and it contents are safe in terms of gas, electricity and furniture regulations.
A landlord must follow the correct procedure to remove a tenant from a property.
Landlords of Houses in Multiple Occupation must apply for a licence.
Private Rented Accommodation - Tenant Responsibilities
As a private tenant, you have certain responsibilities connected with your occupation of the property. These will generally be detailed in your tenancy agreement but the following list summarises the fundamental responsibilities that will apply to most tenancies.
To pay your rent in full and on time
Not to cause damage to the property, fixtures, fittings or furniture belonging to the landlord or to allow members of your household or visitors to do so
To consult your landlord about any proposals to make alterations to the property. Written permission should be obtained.
To report the need for any repairs to the landlord
Not to cause disturbance, nuisance or annoyance to neighbours or to allow your visitors to do so
To allow the landlord access to the property for the purpose of inspections or carrying out repairs when sufficient notice has been given.
To obtain written permission from your landlord if you intend to sublet or take in a lodger
To give proper notice to your landlord when you wish to leave the property
Private Rented Housing - Tenancy Agreements
A tenancy agreement is a legally binding contract that sets out the terms and conditions of the tenancy.
Private landlords are obliged to provide a formal tenancy agreement. The landlord must:
- draw up a written document setting out the terms of the Assured or Short Assured Tenancy;
- give a copy of the document to the tenant, properly executed between the tenant and landlord (for example, signed before a witness);
- not charge the tenant anything for the document.
A tenant who does not have a written document or who believes the written document does not fairly reflect the terms of his/her tenancy can apply to the Sheriff to have a written document drawn up or to have the existing one adjusted.
The specific subjects covered in the tenancy agreement are a matter for the landlord and tenant to agree upon. The agreement however, should at least cover the following;
The length of the tenancy.
The amount of the rent as well as the frequency and method of payment. Information should also be provided as to the method used to calculate any rent increases that may be imposed in the future.
- Who is responsible for internal decoration and internal and external maintenance?
- Any condition or restriction on the use of the property.
The tenancy agreement cannot however, take away certain minimum rights and responsibilities for both landlord and tenant.
Houses in Multiple Occupation
Any property shared by three or more unrelated persons is legally referred to as a House in Multiple Occupation (HMO). All HMO?s must be licensed by the local authority (Perth and Kinross Council) to ensure that certain safety standards are met. If you live in an HMO, it should be registered with Perth and Kinross Council. For your own safety, you should not accept shared housing that does not have an HMO license.
Owner Occupation
Properties offered for sale on the open market in Perth & Kinross are generally advertised on an ?offers over? basis. This means that prospective buyers are expected to make an offer that is in excess of the stated price. Property transactions in this sector are generally administered by an estate agent or solicitor who takes responsibility for marketing the property and dealing with the legal aspects of the sale. If you are considering buying a property, you should visit a local estate agent who will be able to advise you further. If you are already an owner-occupier and your property is in need of repairs or if you require some form of adaptation to accommodate a disability, you may be eligible for grant assistance. You should contact Perth & Kinross Council's Environment Service in relation to Repair Grants and Care & Repair for adaptations.
Owner Occupation - Buying an Existing Property
Scotland has its own legal system and the law governing the ownership of land and property is different from the law that applies to the rest of the United Kingdom. The concepts of leasehold and freehold do not generally apply in Scotland.
Most existing or 'second-hand' properties are sold on an 'offers-over' basis. This is a blind-bidding system where the seller asks purchasers to bid in excess of a specified amount. The state of the market and the amount of competition will determine how far above the offers-over price that you may have to bid to secure the property.
If there is a lot of interest in a property, the seller's agent will usually set a closing date and time by which all offers must be received. If you are seriously considering making an offer, you should note your interest through your solicitor. This means that you will be advised when the closing date is in plenty of time to make an offer.
Before making an offer, you should ensure that you have arranged a mortgage or other means of funding the purchase. You need to also consider whether to have a survey carried out prior to making an offer or whether to make an offer subject to survey. Your solicitor will be able to advise you on the best course of action.
When the closing date has passed, the seller will consider all of the offers that have been received. The seller does not have to accept the highest offer and may take account of conditions attached to the offer such as the entry date.
If your offer is accepted, there will usually be an exchange of letters or missives between yours and the seller's respective solicitors regarding the specific details and conditions of the offer. When the conditions have been agreed, a formal letter of acceptance will be issued by the seller's solicitor and the missives are concluded. At this point, you have a legally binding contract.
Owner Occupation - Buying a New Build Property
Unlike existing or 'second-hand' properties, most new build houses and flats are sold at a fixed price. Builders will often advertise the properties for sale before they have even been built and will normally have plans, drawings and perhaps a show-home for potential purchasers to look at.
Most builders have a standard form of offer that sets out the conditions on which they are prepared to sell. They will not usually vary these as they are designed to impose similar conditions on all properties in a development. You should make sure you have arranged your loan and taken legal advice before you accept the builders offer, because your acceptance is legally binding.
You may be able to reserve a home until you are ready to accept the offer by paying a small deposit. If you later decide not to go ahead, it is at the builder's discretion whether to return the deposit. You should check this before paying a deposit.
Normally, you will be asked to accept the deed of conditions, without adjustment. This sets out what you can and can't do with your home, with the aim of protecting the appearance and use of the development.
When you offer to buy a home that is not yet built, a builder may ask for stage payments. If you are buying with a mortgage, the lender will usually agree to release payments at certain stages, depending on the lenders policy and/or the type of construction. The lender's surveyor will inspect each stage before payment is released and you will have to pay the surveyors fees. You should make sure that the stage payments requested by the builder and offered by the lender coincide with one another.
Buying a Property - Surveys and Valuations
When you find a home that you want to buy, you and, if you are taking out a mortgage, your lender will want to have the property inspected to find out about its condition and value. There are three basic types of inspection, each for a different purpose;
- Mortgage Valuation (also known as a scheme 1 survey)
- Homebuyer's survey and valuation (also known as a scheme 2 survey)
- Building survey (also known as a structural survey)
How much you can expect to pay will depend on the type of inspection, with the building survey being the most expensive. You should ask what the likely fee will be before the Surveyor undertakes the survey. From 2008, the seller will have to undertake a survey and make this available to potential purchasers along with other important information about the property. This is in terms of the Housing (Scotland) Act 2006.
Low Cost Home Ownership
Buying a property on the open market can be very expensive and not everyone can afford to buy a home that meets their needs. There are however, some low cost home ownership initiatives that allow people with modest incomes to purchase part of a property as a sharing owner. The most common of these initiatives, Shared Ownership and Homestake, involve a Housing Association holding an equity stake in the property with an individual purchasing a percentage of the property. This is usually between 25% and 75% of the value of the property. Low cost home ownership options are not always available but Perth & Kinross Council maintains a database of people who have expressed an interest in this type of housing. If you would like to receive information about low cost home ownership housing opportunities, please contact us and we?ll add your details to our database.
Housing Benefit
If you are considering social or private rented accommodation and you have a low income, you may be entitled to help with paying some or all of your rent. You potential entitlement to housing benefit depends upon who lives with you, your income and any savings you may have. If you have identified a private rented property but are unsure whether you can afford it, you can apply to the Council for a ?Pre-tenancy Determination?. This process is the first step in identifying how much housing benefit you will be entitled to before you commit yourself to taking on a tenancy. This is because it is often the case that Housing Benefit does not meet the amount charged by a private sector landlord. For the privately rented sector, it is the Rent Officer who will determine a ?Maximum Rent? figure
for a particular property. This figure is purely for use in the calculation of any entitlement to housing benefit. A private landlord is entitled to charge you rent at a higher amount than the restricted ?Maximum Rent? figure. In these circumstances, even if you are entitled to full housing benefit, you would have to pay the difference between the two figures yourself. In the social-rented sector, if you qualify for full housing benefit, all of your rent will be paid for you. This is because social sector rent levels are normally considered to be reasonable and do not have to be restricted. Certain charges such as fuel costs, meals etc, even if included in with your rent do not attract Housing Benefit; this applies to both the social and private sector.
Council Tax Benefit
Once you have found accommodation to live in, you may be liable to pay Council tax. If you have a low income you may be entitled to Council Tax Benefit. How much benefit you will get depends on who lives with you, your income and how much savings you have. Council Tax Benefit does not cover the water and sewerage charges. Even if you do not qualify for Council Tax Benefit because of your income or savings, you may still be able to get a Second Adult Rebate if someone in your household (not including your partner) is on a low income.
