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INTRODUCTION
1. The Scottish Parliament has legislated to give local
authorities additional controls over landlords in the
private rented sector in Scotland. This consultation paper
seeks views on the details of how the Scottish Executive
should implement the legislation. A Regulatory Impact
Assessment is available separately.
2. We have developed the detailed proposals in
consultation with a working group representing local
authority, landlord, agent and consumer interests (
see Annex 5). This paper sets
out our conclusions and asks a number of specific questions
on which we would particularly like to hear others' views.
We would also welcome comments on any other aspects of our
proposals. Information on how to respond to this
consultation paper is provided in
Section K.
The Scottish Executive's Policy on Private
Renting
3. The legislation that this paper deals with is part of
a wider set of policies affecting private renting in
Scotland. Around 170,000 households rent from a private
landlord. This is 8% of all households, or 21% of
households in rented housing. Private renting provides
flexibility and a wide range of choice, and makes an
important contribution to meeting housing need. Scottish
Ministers are keen to ensure a healthy private rented
sector which continues to attract investment and provides
well-managed, good quality housing. For this reason, local
authorities are expected to include private renting in
their Local Housing Strategies
. These strategies assess the housing
already in the area, and the need and demand for housing of
different types, and set out the local authority's policies
for ensuring appropriate housing is available.
4. Scottish Ministers recognise that the great majority
of landlords provide a good service with which their
tenants are satisfied. They want to give this positive
encouragement and ensure that the sector is recognised as a
valid housing choice But, as in any market, there can be
failures and abuses and it is government's role to protect
those who could suffer as a result.
5. There has been law on landlords and tenants for
centuries. The main areas of current law affecting private
renting are in the Rent (Scotland) Act 1984 which covers
protection from harassment and illegal eviction and limits
advance payments in relation to a tenancy, the Housing
(Scotland) Act 1987 which includes minimum standards for
housing and landlords' repairing obligations, and the
Housing (Scotland) Act 1988 which established the assured
tenancy regime that applies to most private tenancies in
Scotland.
6. Registration fits within a package of measures
designed to guarantee minimum standards and recognise high
standards in private rented housing:
- Registration will be an obligation on
all private landlords (
with some exceptions - see
Section B1). Registration may be refused or removed
if landlords fail to comply with the minimum legal
requirements relating to letting.
- Licensing of Houses in Multiple
Occupation (
HMOs) was introduced by the Scottish
Executive in October 2000. All landlords of
HMOs in the private and public
sectors require to be licensed by the local authority,
meeting the authority's management and physical
standards.
- Accreditation describes voluntary
schemes, set up in partnership, usually between a local
authority and local landlords, to recognise high
standards, in a similar way to schemes for farm produce
or tourist accommodation. Membership helps landlords to
prove that they provide a high standard of
accommodation and management, and can give access to
benefits such as training, free advertising and
financial discounts.
7. The Scottish Executive, through Communities Scotland,
is supporting pilot landlord accreditation schemes in four
local authority areas. Communities Scotland has published
National Core Standards for Private Landlords, for
local voluntary accreditation schemes to use as a basis for
their work. This publication also includes guidance on how
to establish a scheme. More information is available from
Homepoint (telephone: 0131 313 0044; email:
homepoint@communitiesscotland.gov.uk
).
8. The Housing (Scotland) Bill, which is currently
progressing through Parliament, focuses generally on the
condition of private housing, and includes the following
proposals to further improve standards in the private
rented sector:
- Updating landlords' obligations to maintain the
property and facilities they provide
- Establishing a simpler method of redress for
tenants in relation to those obligations
- Giving private tenants a right to carry out
adaptations for a disabled occupant, subject to the
landlord's consent, which may not be unreasonably
withheld
- Moving the
HMO licensing regime into primary
legislation, where it can be more effectively tailored
to the context of residential letting
- Amendments to the Antisocial Behaviour etc.
(Scotland) Act 2004, which are detailed in this
paper
Parts 7 and 8 of the Antisocial Behaviour etc.
(Scotland) Act 2004
9. The measures in the Antisocial Behaviour etc.
(Scotland) Act 2004 dealing with private landlords are part
of the wider package of tools available to police and local
authorities to address problems of antisocial behaviour in
local communities. They also provide a means, through
registration, of regulating the private rented sector
generally.
10. Part 7 of the Act allows local authorities to serve
antisocial behaviour notices on private
landlords. Consultation and other evidence has shown that
the impact of antisocial behaviour in and around a
privately rented house can be aggravated by the landlord's
failure to take action in connection with such behaviour
which would be considered normal good practice in letting
any property. The antisocial behaviour notice tells the
landlord what actions he or she should take to address the
situation.
11. The Act sets out the basics of when and how
antisocial behaviour notices can be used, and their
consequences. It provides for some of the detail to be set
out in regulations; it is also normal practice for the
Scottish Executive to issue guidance to local authorities
on the use of such powers. This paper consults on the
content of those regulations and that guidance.
12. Antisocial behaviour notices should not be confused
with antisocial behaviour orders (
ASBOs). An
ASBO is used directly against the person
who is behaving in an antisocial way. An antisocial
behaviour notice is an alternative tool which may be useful
where the problem is linked to a house and the landlord's
failure to act is compounding the problem.
13. Part 8 of the Act requires local authorities to
operate a
register of private landlords and makes it
an offence for an unregistered landlord to let houses. The
local authority must be satisfied that the landlord, and
any agent he or she uses, is fit and proper to be letting
houses. This provides the local authority with another
method for dealing with landlords who fail to adopt normal
good letting practice on antisocial behaviour. It also goes
further by providing, for the first time, basic information
on the private rented sector in each area as well as an
effective way of dealing with the worst landlords, even
where there is no antisocial behaviour by tenants.
14. Again, the Act sets out the basics of registration
and the consequences of a failure to register. It provides
for some of the detail to be set out in regulations.
Registration requires administrative systems to be
established locally and nationally and the Scottish
Executive will issue guidance to local authorities to
assist them in establishing their systems and to ensure
that they are co-ordinated as necessary. This paper
consults on the content of those regulations and that
guidance.
15. The aim of registration is to ensure that all
landlords use basic good practice and comply with their
legal obligations in letting. It must be emphasised that
the great majority of landlords already do this, or are
willing to do so when informed of the legal requirements,
and registration should be implemented in a way that has
minimum impact on these responsible landlords. It offers an
opportunity for local authorities to build relationships
with private landlords in their area, since they will have
contact details for all landlords. At the same time,
registration provides a powerful tool to deal with those
landlords who refuse to comply with basic standards, by
removing registration and thus preventing them from
operating. However, for most landlords, the system should
have a light touch.
Equal Opportunities
16. Scottish Ministers want to ensure that everyone in
Scotland can access good quality, well-managed, private
rented housing if they wish, regardless of age, gender,
sexual orientation, race, religion or belief, disability or
any other factors which might make them subject to
discrimination. Public bodies and private landlords have
certain legal obligations to avoid or prevent
discrimination, and further provision in this regard is
proposed by the
UK government in terms of the Equality
Bill currently being considered by the
UK Parliament. Section 140 of the
Antisocial Behaviour etc (Scotland) Act 2004 also
stipulates that any person discharging a function under the
Act must do so in a manner that encourages equal
opportunities.
17. We expect local authorities to undertake all their
functions with regard for equal opportunities. If you feel
any part of the proposals could have a differential impact
on any section of the community, we would welcome your
comments.
18. This consultation paper can be made available in
other languages or alternative formats if required. Please
contact Lucie Dunn (telephone: 0131 244 5571; email:
lucie.dunn@scotland.gsi.gov.uk
).
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