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This item was published during the term of a previous administration that ended in April 2007

Housing

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Private landlords registration

12/07/2005

A consultation on proposals to protect private sector tenants and to tackle antisocial behaviour by registering Scotland's landlords was launched today.

Deputy Communities Minister Johann Lamont said that anyone who owns a house or flat which is rented out will have to register with their local authority and it will become an offence to rent out property without being registered.

The consultation paper focuses on detailed proposals developed by a working group representing local authorities, landlords, agents and consumer interests, with a view to bringing a scheme into force later this year under the Antisocial Behaviour Act.

Ms Lamont said:

"Most private landlords provide an excellent service for their tenants and make an important contribution to housing, but a few do not. Those who exploit poor or vulnerable tenants, or exacerbate problems with antisocial behaviour in communities, damage the reputation of private letting.

"Our scheme would allow local authorities to ensure that those who let out property are fit and proper people, but I am keen that a 'light touch' approach is adopted and that applicants are regarded as fit and proper unless there are grounds to suggest otherwise.

"We are seeking to provide a single, online system for local authorities to use, which will allow applications to be handled in a consistent way and make the process as streamlined as possible."

The registration scheme would:

  • assess whether landlords and agents are fit to manage in a proper manner
  • provide a list of properties let by or on behalf of private landlords
  • make it an offence to let out a private property without being registered
  • allow local authorities to stop rental income of unregistered landlords.

Alongside registration, the paper covers a further power for local authorities to use in combating antisocial behaviour. It will allow them to act against individual landlords who fail to use normal good practice to address antisocial behaviour by their tenants.

There are exceptions to registration requirements which include houses used by religious orders, certain categories of care regulated by the Care Commission, agricultural and crofting tenancies.

The income from fees is broadly expected to cover the costs of the scheme. Each local authority will set its own fees within a statutory framework. A starting assumption for discussions of £50 is suggested for the principal fee.

The scheme would be co-ordinated with other initiatives affecting landlords, with holders of HMO licences automatically placed on the register.

The consultation is available at: http://www.scotland.gov.uk/Publications/2005/07/08172434/24352.

Responses are invited by September 23.

Page updated: Tuesday, July 12, 2005