Tenant Talk

Summer 2017

North Ayrshire Council’s E-Magazine for Tenants

Private Sector Advice Team, Cunninghame House, Irvine, KA12 8EE.

Email: psadvice@north-ayrshire.gov.uk, Tel: 01294 324644

Welcome to the first edition of Housing Services Private Sector Tenant Newsletter. We hope

that you find this edition useful and informative.

The Private Sector Advice Team are able to provide advice and assistance to Private

Tenants, Homeowners and Landlords across a range of different areas. We can give

guidance on how to deal with repairs, your rights when privately renting and individual

responsibilities.

This first edition aims to give you some information on private renting and common issues as

well as offering support on how to deal with any arising problems.

The Council recognises the important role that the private rented sector plays in helping to

meet local housing need and we want to support and encourage private landlords in

providing safe, well-equipped and affordable housing for rent.

We have a dedicated Private Sector Advice Team as well as a telephone advice line. The

hours of operation are:

Monday – Thursday 9 a.m. – 4.45 p.m.

Friday 9 a.m. – 4.30 p.m.

We work with a range of different teams to make sure we provide you with the best service

possible.

If you have any questions about any of the articles, a suggestion for future editions, or a

general enquiry please do not hesitate to contact the Private Sector Advice Team on (01294)

324644.

//What we do….We offer advice to anyone living with, or affected by, private sector

housing issues, including:

Rights and Responsibilities;

Property Conditions;

Common Repairs;

Disability adaptations;

Resolving Disputes;

Landlord Registrations;

Energy Efficiency; and

Empty Homes.

Pg. 8

Pg. 7

Pg. 6

Pg. 5

Pg. 4

Pg. 3

Pg. 2

Pg. 2

Pg. 1

Pg. 9

Contact Us:

(01294) 324644, psadvice@northayrshire.gov.uk

www.north-ayrshire.gov.uk

Pg. 10

Pg. 10

Pg. 11

Gardening Tips

Housing Advice Team

CCTV Rule Change

Summer Recipe

Veterans First Point

Repairs and Maintenance

BTS and Repairing Standards

Property Safety

Keep Your Property Pest Free

The Housing and Property Chamber

When the sun comes out

Tenancy Agreements

Summer Practices

3

7

2

6

10

Useful Contacts

Antisocial Behaviour Team

North Ayrshire Council

Galt House, 31 Bank Street,

Irvine, KA12 0AD.

Tel: 01294 314600

Housing Advice Team

North Ayrshire Council

Galt House, Irvine, KA12 0AD.

Tel:01294 314600

Housing and Property Chamber

4th Floor, 1 Atlantic Quay,

45 Robertson Street, Glasgow,

G2 8JB.

Tel: 0141 242 0142

HPCAdmin@scotcourtstribunals.gov.uk

Citrus Energy

82-84 Glasgow Street,

Ardrossan, KA22 8EH

Tel: 0800 221 8089

Environmental Services

Tel: 01294 324300

Care and Repair

Mainland

Tel: 0800 068 1464

Isle of Arran

Tel: 01770 302888

1

1

Does your private let include a garden?

If you are renting privately and have a garden as part of your tenancy, there are some key things you need to be aware of. Everyone wants to be able to enjoy their garden in the summer time and it is always better to keep it neat and tidy. Generally it is reasonable that you maintain the garden - or get someone else to do so if you don’t have green fingers or aren’t able. The summer sunshine can mean that even a neat and tidy space can grow really fast.

You cannot be reasonably expected to do gardening tasks that might be more complicated or might need specialist equipment such as pruning a tall tree. In these instances you

should speak to your landlord who would be responsible for making the necessary arrangements.

However, if you allow rubbish to build up in your garden, there can be some negative effects on the local community. It could lead to a health and safety risk for you or your neighbours.

An untidy garden can bring down the look of an area, which may attract anti-social behaviour or complaints from your neighbours. By keeping your garden neat and tidy you can more easily enjoy activities such as barbecues or picnics.

The High Hedges (Scotland) Act 2013 aims to solve the problem of high hedges where neighbours have not been able to come to an agreement. It provides an effective means of resolving disputes over the effects of high hedges which can impact on enjoying their home. It gives home owners and tenants a right to apply to their local authority for a high hedge notice. The Act allows local authorities to make and enforce decisions.

A “high hedge” is a row of two or more trees or shrubs which rise to a height of more than 2 metres above ground level and form a barrier to light. Not all hedges over two metres in height are automatically classified as a "high hedge". This only happens where a formal complaint is made and that complaint is upheld by the council. If you have any concerns about whether your hedges are too high or are unsure if your neighbours know their responsibilities towards trees or hedges, contact the Private Sector Advice Team for more information.

If you are unsure of what responsibilities you have towards your garden, you can check your Tenancy Agreement. Generally if a hedge is small and can be easily maintained a tenant will be responsible for its upkeep. However if the hedge is large and requires specialist power tools and a ladder to enable maintenance then you may wish to contact your landlord. 1

The minimum to be expected from any tenant is

that:-

The garden be kept litter-free, reasonably tidy

and not overgrown;

Hedges are kept trimmed, especially if they

are likely to grow onto neighbours properties

and public areas; and

Grass should be cut regularly.

The North Ayrshire Council Housing Advice Team is a free advice service offering

options to resolve housing issues. The advice can include assistance to prevent

homelessness, information and support to access Private Rented Accommodation

and support to assist tenants remaining in their own home.

The Team can advise private tenants of:

theirs and their landlord’s rights;

how to end a tenancy correctly;

assistance to apply for Housing Benefit; and

issues surrounding harassment or illegal evictions.

If you would like to find out more about the service please contact:

Housing Advice Team

2

The Housing Advice Team

Galt House,

31 Bank Street,

Irvine,

KA12 0LL

Tel: (01294) 314600

Many people now use home CCTV systems to protect their property. However the rules have

changed recently and you may now have to register your system with the Information Commissioner’s

Office (ICO).

If your system only records images on your own property then you should have no problem.

However, if you capture images of your neighbour or any passers by then you will need to register

your system. Those affected could also ask for copies of any images you record.

You may need to register with the ICO if, for example, any of the following applies:

Cameras point at your car and the car is parked in the street;

Cameras point into a garden area that is shared by neighbours;

Cameras capture images from a public footpath; and

Cameras pointing at children playing.

If you do intend to put cameras on your property it is also polite to advise your neighbours. You

should also ask your landlord for their permission.

Did you know the rules have changed…...

RASPBERRY BAKEWELL PUDDING

Ingredients Flour, for dusting; 500g/1lb 2oz packet ready-made puff pastry; 4-5 tbsp seedless raspberry jam; 150g/5oz fresh raspberries; 100g/3½oz unsalted butter, plus extra for greasing; 100g/3½oz caster sugar; 5 free-range eggs; 150g/5oz ground almonds; A few drops almond essence; Icing sugar, for dusting; and Clotted cream, to serve. Method 1. Preheat the oven to 190C/375F/Gas 5. Grease and flour a 23cm/9in loose-bottomed tart tin. 2. Roll out the pastry onto a lightly floured work surface to form a circle a few inches larger than the tart tin. Line the tart tin with the pastry, gently pressing into the edges. Trim the excess pastry from the edge of the tart tin. 3. Carefully spread the raspberry jam evenly over the pastry base. Lightly crush 3-4 of the raspberries in a small bowl and scatter the crushed berries on top of the jam. 4. In a large mixing bowl, cream together the butter and sugar until pale and fluffy. 5. Gradually add the eggs, one at a time, beating each well to incorporate. Stir in equal amounts of the ground almonds after you add each egg, stirring well until combined. Continue until all the eggs and all the ground almonds are used up, then stir in the almond essence. 6. Pour the filling mixture into the pastry case and, using a palette knife, gently spread it evenly over the raspberry layer. 7. Bake the tart on the middle shelf of the oven for 35-40 minutes, or until the surface is golden-brown. 8. Dust with icing sugar and serve with the remaining raspberries and a dollop of clotted cream.

3

Cookery Corner

Veterans First Point Ayrshire & Arran

12-14 Bridgegate

IRVINE

KA12 8BQ

For Enquiries:

Tel: (01294) 310 400

Email: aa-uhb.veteransfirstpoint@nhs.net

Website: www.veteransfirstpoint.org.uk

Veterans First Point

Specialist Clinical Staff

Veteran Peer Support Workers

We also have connections to specialist

support agencies within the local

community.

What We do

Veterans First Point is a service designed by veterans, for veterans (and their families) and staffed

by veterans.

Veterans First Point is here to help all veterans, if and

when they might need that extra help. We work with

veterans to obtain the right support from those who can

best help - when they need it.

A veteran is someone who has served

for one day or more in the military,

territorials, reserves or merchant navy

(in support of military operations).

Our team includes staff with personal

experience of military life, and

professionals with extensive knowledge

of psychological issues often

encountered by veterans.

We can assist with any issues a Veteran and/or their family may have, including;

Relationships;

Mental Health;

Physical Health; and

Finances.

Housing;

Drugs and Alcohol;

Careers;

Family Matters;

Social Support;

We also provide access to evidence based Psychological treatments.

V1P help veterans make sense of all the different services that are available to help them to access

them.

4

5

Repairing Standard issues – if you think your

property may be below the Repairing Standard

Private Sector Advice Team can carry out an

inspection with view to assisting your landlord to

get the property up to the required standard. If

your landlord fails to complete works required

under the Repairing Standard you may choose to

take the case further. If you wish to do so you

can contact the Housing and Property Chamber

which has recently replaced the Private Rented

Housing Panel. The Chamber can consider the

repair issues within your home and take

enforcement action against your landlord. For

full details please see page 9.

There are two standards a property must meet

- The Tolerable Standard and the Repairing

Standard.

Tolerable Standard issues – if you think your

property may be below the Tolerable Standard

the Private Sector Advice Team can carry out

an inspection with a view to assisting your

landlord to get the property up to the required

standard. If your landlord does not carry out the

required works enforcement action by North

Ayrshire Council is possible.

5

When it comes to repairs, just who is responsible? What standard does a property need to meet?

What can you do if your landlord does not do repairs or carry out the relevant safety checks?

Both landlords and tenants have a duty to look after a property.

Repairs and Maintenance in Private Rented Properties

Responsibilities

Landlords are

responsible for major

repairs to the structure

and installations. They

must ensure that their

properties meet what is

called the Tolerable

Standard and the

Repairing Standard both

at the start and

throughout a tenancy.

Tenants are usually

responsible for minor

repairs and decoration

and in general must look

after the property and

report repairs to their

landlord as soon as

possible.

Tenancy agreements

should give further

information on who is

responsible for what.

Some tenancy

agreements include

unenforceable clauses

where a landlord tried to

place their legal repairing

obligations onto a tenant.

A landlord cannot

contract out of these

obligations, regardless of

what the tenancy

agreement states.

Similarly, if your tenancy

agreement does not

mention repairs you still

have a legal right to get

certain repairs done.

When reporting

repairs we would

advise you always do this

in writing. Even if you

initially phone to report a

repair always follow it up

with an email or letter or

as a minimum. Keep a

diary of each and every

time you contacted them

just in case you need it.

Standards

General advice

Contact the Private Sector

Advice Team on

Tel: (01294) 324644.

Alternatively, contact

Shelter Scotland on

0808 800 4444

6

Tolerable Standard A house meets tolerable standard if it:

is structurally stable;

is substantially free of rising or penetrating

damp;

has satisfactory provision for natural and

artificial lighting, for ventilation and for

heating;

has satisfactory thermal insulation;

has an adequate piped supply of both hot

and cold water;

has an adequate piped supply of

wholesome water available within the

house;

has a water closet or waterless closet

available for the exclusive use of the

occupants of the house and suitably

located within the house;

has a fixed bath or shower and a

wash-hand basin, each provided with the

satisfactory supply of both hot and cold

water and suitably located within the

house;

Repairing Standard

To meet the repairing standard, a

landlord must ensure that:

The accommodation is wind and

watertight and 'reasonably fit for human

habitation';

The structure and exterior is in a

reasonable state of repair;

Installations for the supply of water, gas

and electricity are in a reasonable state

of repair and in proper working order;

has a sink provided with satisfactory

supply of both hot and cold water within

the house;

has an effective system for the drainage

and disposal of foul and surface water;

in the case of a house having a supply of

electricity, complies with the relevant

requirements in relation to the electrical

installations for the purpose of that

supply;

“the electrical installation” is the electrical

wiring and associated components and

fittings, but excludes equipment and

appliances;

“the relevant requirements” are that the

electrical installation is adequate and

safe.

has satisfactory facilities for the cooking

of food within the house; and

has satisfactory access to all external

doors and outbuildings.

Fixtures and fittings and any appliances

provided by the landlord are in a reasonable

state of repair and in good working order;

Any furnishings provided by the landlord

must be able to be used safely and for the

purpose they are intended for, and

There is a satisfactory means of detecting

and warning about fire (such as smoke

alarms).

The property must have satisfactory

provision for giving warning if carbon

monoxide is present in a concentration

that is hazardous to health.

Property safety and certification

Fire Detection

Did you know under the Repairing Standard that there should be at

least:

one functioning smoke alarm in every room which is frequently used by the occupants for general daytime living purposes; one functioning smoke alarm in every circulation space, such as hallways and landings; one heat alarm in every kitchen, and all alarms should be hard wired, with a back-up battery source, and interlinked.

Electrical Safety

Did you know under the Repairing Standard it is now a requirement for landlords to

provide an Electrical Installation Condition Report (EICR) and Portable Appliance Test (PAT)

certificate for any appliances supplied in a property these in all tenancies. The electrical safety

inspection has two separate elements which the landlord must have for each tenancy:

• An Electrical Installation Condition Report (EICR) on the safety of the electrical installations,

including a visual inspection of fixtures and fittings, plus a fixed electrical equipment test, and

• A Portable Appliance Test (PAT) on portable appliances.

Gas Safety

Did you know under the Gas Safety (Installation and Use) Regulations 1998

all landlords have a legal duty to ensure that any gas appliances, fittings and

chimneys/flues are safe?

This means that if your property has a gas supply there should be an annual

safety check carried out and a copy of the certificate given to you.

Water Safety

Did you know that the Health & Safety Executive (HSE) have an Approved Code of Practice

& Guidance on regulations with regards to water safety.

The code requires private Landlords to carry out:

A risk assessment to identity & assess potential sources of

exposure, and thereafter, where a risk has been identified.

To introduce a course of action to prevent or control any identified

risk.

Legionnaires risk assessments can be carried out by the Landlord if he is competent to do so, or

by a suitable qualified third party. The ultimate responsibility remains with the Landlord, even

where he employs a Letting Agent to manage the property on his behalf.

7

Wasps’ nest removal

During warmer weather, the queen wasps come out from

winter hibernation to choose a suitable place to build their

new nests (usually in a loft, shed or hole in the ground etc.).

Depending on where the wasps’ nest is located on your

property, for safety reasons, it may be best to have it removed

by a professional.

Honey bees

Bees are generally beneficial in the garden. They are not

normally treated unless they pose a risk to people e.g. a swarm

in a house or chimney. If this occurs, the Council has a list of

beekeepers who will take honey bees away from your property.

Ants

Ants can be controlled successfully by purchasing products

from local hardware stores and using them in accordance

with the manufacturer’s instructions.

Insect infestations

Insect infestations such as bedbugs,

fleas and cockroaches can occur at

any time and the sooner they are

treated the easier it is to

eradicate these pests.

North Ayrshire Council’s Pest Control Service

You can treat many infestations yourself using products from hardware stores, garden

centres etc. provided you follow the instructions and health and safety requirements.

However, if you would prefer to leave this to the experts, the Council has a competitively

priced pest control service for rats, mice, insects and wasp nest removal.

To arrange for one of our Pest Control Officers to treat your infestation or for free advice,

please telephone (01294) 324339 or e-mail us at

pestcontrolorders@north-ayrshire.gov.uk.

8

Keep your property pest free this Summer

9

The First-tier Tribunal for Scotland (Housing and

Property Chamber) is a free service which provides

tenants with a way to get their landlords to carry out

necessary repairs in order to meet the Repairing

Standard (for more information on the Repairing

Standard, please see page 6). The Panel has

enforcement powers available to allow them to do so.

You may consider an application to the Chamber for example if your property had no or

insufficient smoke and carbon monoxide detection or if items/appliances which were

supplied under your tenancy are not in a reasonable state of repair and proper working order.

However, there are some things you need to do before submitting your application, you must

have contacted your landlord about the repairs. This should be done by sending a letter to your

landlord detailing the repairs required. You also need to allow ‘reasonable time’ for them to

respond/make a start on repairs. If after this period repairs have not been carried out, you can

make your application.

If you fail to contact your landlord before submitting an application, the Chamber will not accept

your case.

Once the panel accept your application, the Chamber will make an appointment to visit your

property to inspect it and to look at the repairs noted on your application.

You and your landlord will then be invited to attend a formal hearing at a local venue where the

Chamber will hear from both sides and discuss the repairs they saw during inspection. They

will then reach a decision and will notify both parties after the hearing.

The Chamber has the power in put a Repairing Standard Enforcement Order (RSEO) on the

property. This order gives your landlord a set time to carry out repairs to the property. Failure

to comply is a criminal offence. They can also issue a Rent Relief Order which allows the

Chamber to reduce the rent by up to 90% until repair work is completed.

Your landlord does have the power to appeal to the Chamber for an extension to the order if

they have a valid reason for example – if they cannot get tradesman in the time scale provided

or if they cannot get access to the property.

We would encourage tenants to co-operate with landlord and contractors and allow access as

required.

Housing and Property

Chamber

Changes to tenancy agreements

There are nearly 8000 registered private rented properties in North Ayrshire.

Tenancy agreements as we currently know them are in the process of changing in Scotland. As of

January 2018 all new tenancies which are created will become known as a "Private Residential

Tenancy". This new tenancy type means that tenant will have greater security when renting from a

private landlord. Currently the minimum length of a tenancy in Scotland is 6 months however, the

new regime will have no minimum length. This means that you will not be required to renew your

lease unless you move home and that your landlord can only take eviction action if they have a good

reason to do so.

Any tenancy agreement which comes into place before January 2018 will still follow the current

format however, after this date, any time you move into private rented accommodation you will have

the new style contract. If you have any questions about the changes ahead, please do not

hesitate to contact the Private Sector Advice Team on (01294) 324644 or by email at

psadvice@north-ayrshire.gov.uk.

10

Be a good neighbour this Summer Many of us enjoy having friends round or having a barbecue but it’s important not to disturb your

neighbours.

A barbecue is a lot of fun but you should always check whether or not your neighbour has a

washing out in case you cause damage to their clothes;

Not everyone likes loud music, you can consider keeping the volume down so everyone can

enjoy their garden or speak to your neighbour beforehand;

When we enjoy ourselves, we sometimes don’t notice that we can get louder. This can

sometimes cause a nuisance for a neighbour especially if they have young children or if they

are working shifts;

Always remember that you are responsible for

anyone who visits your home, including if they

are in your garden;

You should always ensure that if children are

playing in the garden or the nearby area that they

are well supervised; and

Pets can also enjoy the warmer weather but can

sometimes become over-excited by crowds or

larger groups. If you are having friends round you may wish to keep an eye on your pet or

move them indoors if they become too excitable.

If you are planning something special why not speak to your neighbour and let them know in

advance. This can prevent any problems occurring and keep things friendly between those living all

around you.

Good Practice in the Summer

Statutory Nuisances

You can report a build up of waste that are

liable to decomposition, flies and odours.

These are investigated under the statutory

nuisance provisions of the Environmental

Protection Act. Environmental Health are able

under that Act to serve notice on the person

or persons responsible for the build up of

waste. You should also report choked drains

where no one appears to be taking

responsibility for dealing with them.

Smoke nuisances

Noise nuisances

Don't burn garden or other waste

without official advice as the smoke

is a health hazard and a nuisance.

Recycle your waste and

report instances of burning to

Environmental Health.

11

Enjoy your garden and home responsibly

without creating a noise nuisance for your

neighbours. Environmental Health can be

contacted for advice about noise problems

and can investigate noise complaints

under Environmental Protection and

Antisocial Behaviour legislation.

Barbecues

During the summer months barbecues

are popular, but it is important to ensure

that the food you eat is cooked all the

way through and you handle raw and

ready to eat foods separately, to avoid

food poisoning.