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Landlords face anti-social behaviour regulations

Netherton of Kinloch, near Blairgowrie - a substantial bungalow in a stunning rural setting is to let for a rental fee of £1,000 per month

New legislation proposed by the Scottish Executive could see private landlords served with anti-social behaviour notices if their tenants become troublesome. This not only applies to the named tenant but also other occupants and visitors to the property. Subsequently the landlords could be barred from collecting rent until further notice, subject to a large fine, and ultimately refused permission to let property in Scotland.

We believe this will place an unnecessary additional burden on private landlords.

Within the lettings sector, the huge majority of landlords are responsible people providing scarce rented accommodation to families and private individuals, with on the whole very little evidence of any noise or inconvenience to neighbours.

Of all the 370 properties let by CKD Galbraith throughout Scotland, we received a total of two complaints from neighbours last year.

In addition, the majority of private landlords use an accredited letting agent to manage the letting of their property. Agents are regulated by the Association of Rental Lettings Agents in Scotland and ensure that properties are compliant with all relevant legislation.

Good agents will inspect a property on a quarterly basis, will be scrupulous in taking up references from tenants and will take every reasonable step to ensure that neighbours never have cause to complain about a tenant. The hassle-factor for agent and landlord is such that it is really not in anyone’s interest to accept any individual as a tenant without conducting thorough background checks.

Already we have seen the costs imposed on landlords spiralling, as new regulations have been introduced on an almost annual basis. Landlords must already comply – quite properly – with stringent regulations concerning fire, health and safety, access for tenants with disabilities, and asbestos, to name but a few. This is a further cost that will have to be passed on to the tenant, ultimately in higher rent charges.

Tenants who behave unreasonably themselves are also subject to the full force of the law already, whether through existing anti-social behaviour legislation, or the noise and statutory nuisance or breach of the peace acts. Reputable letting agents have for many years in fact been working to ensure that any tenant they let to is a responsible and upright citizen – it would quite simply be a disaster for the agent not to do so!

Further details of the impact of this legislation are available by contacting one of our lettings managers in the following offices:

Christeen McKay, Lettings Manager, CKD Galbraith Perth,
email: christeen.mckay@ckdgalbraith.co.uk or call 01738 451111.

Marjory Douglas, Lettings Manager, CKD Galbraith Ayr,
email: marjory.douglas@ckdgalbraith.co.uk or call 01292 268181

Gregor Smyth, Lettings Manager, CKD Galbraith Glasgow,
email: gregor.smyth@ckdgalbraith.co.uk or call 0141 953 3070

Kira Brown, Lettings Manager, CKD Galbraith Inverness,
email: kira.brown@ckdgalbraith.co.uk or call 01463 224343.

New rules for the use of lead shot in shooting over wetlands

Wetlands are special because they attract waterfowl, which are important to many of us: shooters, birdwatchers, the tourist industry and the general public. Many species of waterfowl are migratory and we have an international obligation to ensure their conservation while they are with us, mainly over the winter months. While a sustainable harvest of waterfowl is perfectly acceptable, the loss of duck, geese or swans to lead shot poisoning is not. This is avoidable, and a restriction on the use of lead shot on wetlands is a sensible course of action.

The Environmental Protection (restriction on use of lead shot) (Scotland) (No.2) regulations took effect on 31 st March 2005 and prohibit the use of lead shot for shooting with a shotgun on or over wetland areas in Scotland. The purpose of the regulations is to meet the international commitment under terms of the African-Eurasian Water Bird Agreement (AWEA) to protect water birds from the threat of lead poisoning, following similar processes undertaken in England and Wales .

In practice, the new legislation formalises the shooting community’s voluntary ‘Code of Good Shooting Practice’, endorsed by key shooting and countryside organisations, which for several years have called on all those who shoot to avoid depositing lead shot in wetland areas used by feeding waterfowl.

The Scottish Regulations pursue a habitat-based approach as opposed to the site and species-based approach in place in England and Wales .

In brief, it is now illegal to use lead shot for shooting over “wetlands” which are defined as “Areas of marsh, fen, peatland, water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish, or salt, including areas of marine water the depth of which at low tide does not exceed six metres”.

Shoot owners must recognise that under this definition shooting of species other than geese and ducks would be affected. For example shooting pheasants over a river or burn will require those shooting to use a lead shot alternative.

Further details can be found on our web site www.sportinglets.co.uk and a useful leaflet “Protecting waterfowl from lead in wetlands” as produced by the BASC is available from our sporting department in Perth, telephone 01738 451600 or email: sporting@ckdgalbraith.co.uk

Bill Hiscocks enjoying a prize catch at Syre Lodge

Property Week competition winners enjoy their prize

We are delighted to announce the winners of our competition, jointly organised with Property Week magazine. The lucky winners enjoyed a long weekend break at Syre Lodge in the Highlands , where they were treated to some first-class salmon fishing and the traditional highland hospitality. The winners even enjoyed a rare weekend of Scottish sunshine!

Thanks to everyone who entered the competition and congratulations to Simon Winslow of Arlington Property Investors; Fergus Tickell of Energy Developments; David Richardson of the Carnegie Club at Skibo Castle; Andrew Stanley of Pettifer Estates and Bill Hiscocks of UBS.

 

To read previous newsletters from CKD Galbraith please click here.

CKD Galbraith is one of Scotland’s leading independent property consultancies, offering a full range of services across the residential, commercial and rural property sectors.

We are a national firm offering unrivalled local knowledge through our offices in Edinburgh, Glasgow, Perth, Cupar, Inverness, Aberfeldy and Ayr and an associate firm in London.

Specialising in quality property and serving the needs of private clients, our consultants have long-established reputations for providing outstanding personal service in many areas including; estate agency, commercial property, rural estate sales and management, building surveying, architectural and building services, holiday cottages and homes, and sporting holidays.

Services include:

  • Sourcing properties
  • Surveys
  • Appraising and valuing
  • Negotiating purchases on the best possible terms
  • Residential Property
  • Commercial Property
  • Forestry Property

For more information please visit www.ckdgalbraith.co.uk


visit www.ckdgalbraith.co.uk
National Network,
Local Expertise

Edinburgh
17 Dublin Street,
Edinburgh EH1 3PG
tel: 0131 556 4422
fax: 0131 550 7190
edinburgh@ckdgalbraith.co.uk

Glasgow
3 Main Street
Milngavie,
Glasgow G62 6BJ
tel: 0141 953 3070
fax: 0141 953 3071
glasgow@ckdgalbraith.co.uk
Perth
Lynedoch House,
Barossa Place,
Perth PH1 5EP
tel: 01738 451111
fax: 01738 451900
perth@ckdgalbraith.co.uk
Inverness
Reay House,
17 Old Edinburgh Road
Inverness IV2 3HF
tel: 01463 224343
fax: 01463 243234
inverness@ckdgalbraith.co.uk
Ayr
7 Killoch Place,
Ayr KA7 2EA
tel: 01292 268181
fax: 01292 292300
ayr@ckdgalbraith.co.uk
Aberfeldy
25 Bank Street,
Aberfeldy,
Perthshire PH15 2DE
tel: 01887 829446
fax: 01887 829450
aberfeldy@ckdgalbraith.co.uk
Cupar
73 Bonnygate,
Cupar, Fife KY15 4BY
tel: 01334 659980
fax: 01334 659218
cupar@ckdgalbraith.co.uk
London
CKD Kennedy Macpherson
49 Hay’s Mews, Mayfair,
London W1J 5QH
tel: 020 7409 1944
fax: 020 7409 1904
london@ckd.co.uk
Edinburgh - Glasgow - Perth - Inverness - Ayr - Aberfeldy - Cupar - London

Principals
C B Addison-Scott (MRICS), W H Barbour (BLE FRICS), J R CBound (FRICS), R A Cherry (BSc MRICS), J M P Galbraith (MRICS), C J Innes (BLE MRICS), W N Jackson (BLE FRICS), T J Kirkwood (BSC MRICS), P JOver (BSc MRICS), R C Rattray (BSc MRICS), I JRussell (BLE FRICS)

Resident Agents
Ardverikie and Islay

Associates
J LCollins (BSc MRICS), AOM Jameson (BLE MRICS FAAV), A Kay (BSc MRICS), C Paterson (BSc MRICS), M J GReid (BSc MRICS FAAV), RM Thompson (BSc MRICS), A J McIntyre (Dip BS MRICS), S Tyson (BSc FRICS FAAV), H Spencer-Nairn (MRICS), R Higgins (BA Dip LE FRICS), S Letch (BSC MRICS)

Consultants
T H Ballantyne (FRICS), Pamela Gray (MA Dip LE FRICS), E M B Larby (FRICS), DAGReid (FRICS), JDStormonth-Darling (BLE FRICS)

CKD Galbraith is a trading name of CKD Galbraith LLP, a limited liability partnership, registered in Scotland No SO 300208
Registered office 17 Dublin Street, Edinburgh, EH1 3PG, telephone 0131 556 4422, facsimile 0131 550 7190, info@ckdgalbraith.co.uk
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