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4. Processing and Checking Applications

4.1 Processing Applications

There appears to be no clear and consistent approach to processing applications across Scotland. Each local authority has interpreted the guidance differently based on local circumstances and resources and is therefore at various stages in the process. The main areas where variances exist are:

• validation status;
• issuing of confirmation letters;
• methods and processing of payment;
• function of a review list; and
• the fit and proper person test.

The lack of consistency in interpretation and approach is an issue in that landlords and agents, particularly where they have properties across local authority boundaries, are each receiving a different level service and being subjected to quite different sets of checks and criteria a fit and proper assessment. For example some authorities;

• request evidence of gas safety certification;
• do not issue confirmation letters for signature;
• request payment to accompany paper applications;
• use sanctions to ensure payment; and
• circulate every applicant to stakeholders to decide whether there are any concerns.

Good Practice Recommendation

The approach of each interviewed local authority has been analysed and it is recommended that the process should be streamlined to reflect best practice. Overall it is our finding that there are four basic processes included in the registration process:

• receiving a correct application;
• receiving correct payment;
• checking concerns; and
• making the final decision..

The following process map outlines our advised approach to registration:

Map 4.1: Good Practice Recommendation: Revised Application Process

Good Practice: Recommended Application Process

Please note that where an applicant fails the fit and proper person test, the authority requires to consider the sanctions available to it to ensure compliance. More detail regarding the enforcement process is found in section 4.7 of this report.

4.2 Validation Status

According to the current guidance issued on landlord registration, 'a valid application is one that is complete and for which the correct fee has been paid, based on the information in the application'. The guidance also states that 'validating all received applications is a first priority, since it allows landlords to operate legally'. However, there appears to be inconsistency in the interpretation of this guidance due to the option to request an invoice rather than pay directly.

At present, landlords are applying for registration and requesting invoices, which are either not being issued or paid promptly and few are accompanied by appropriate procedure to ensure compliance. This not only delays the payment process but also the approval process.

Good Practice Recommendation

It is recommended that local authorities ensure applications are validated as a priority, as this enable landlords and agents to operate legally whilst their applications are being considered. This ensures that the onus is on the landlord to pay for registration in order to continue being legally entitled to let property.

This recommendation is therefore linked to improving the payment options and the payment process as reported in Section 3.3. This includes local authorities having robust procedures to promptly follow up on non payment and apply appropriate sanctions including late application fees and rent penalty notices where necessary.

Where an application has not been completed correctly i.e. contact details, date of birth etc are missing, the landlord should be contacted immediately to provide the missing details. It is recommended that this is done by telephone or email in the first instances and by post as a last resort. This recommendation is directly linked to making the provision of telephone and email addresses mandatory as included in Section 3.5 as this will ensure outstanding details can be confirmed without unnecessary delay.

If this is not possible to contact the applicant by email or phone, the application should be returned, with a letter outlining the landlord's legal obligation to submit a valid application. Likewise, if payment does not accompany an application, the landlord should be invoiced along with a letter outlining the landlord's legal obligation to submit a valid application. If payment is incorrect ( i.e. too little is paid) this should also be returned to the landlord with a letter outlining the landlord's legal obligation to submit a valid application. For each of these recommendations to succeed a robust job monitoring system should be put in place to issue appropriate reminders for follow up and enforcement action.

Once the process of ensuring applications are valid is fully operational across all authorities, it will become easier to identify landlords and agents that remain unregistered or are failing to pay.

Good Practice Example

Highland Council: Here the team require payment to be made and therefore an application is valid before any further assessment is carried out or confirmation letters are issued. It is also a requirement for payment to accompany all paper applications.

4.3 Confirmation Letters

Throughout this study, the area of confirmation letters has been the most concerning. In general, confirmation letters are the biggest contributors to delaying the approval process for landlords and agents.

4.3.1 Confirmation Letters Status

There is general confusion over the status of the confirmation letter within the application process. Authorities have stated that the current guidance on this matter is confusing as reference to issuing details for signature is only made in the section of the current guidance applicable to the IT system and not in the general notes for local authorities. It should be noted that there is no legislative requirement for a confirmation letter to be signed.

According to the IT system guidance notes, confirmation letters are issued to all landlords applying online for the user to confirm that all details are correct. It states that applications received on paper will be marked as signed when first entered onto the system.

As a result, authorities have begun to question the necessity of issuing confirmation letters, particularly when landlords are submitting an application which declares they are complying with current legislation. In addition, the confirmation letter has generated three particular types of delays in the registration process:

• backlog of confirmation letters to be sent to landlords;
• backlog of confirmation letters to be returned by landlords; and a
• backlog of confirmation letters returned by landlords that require processing.

Almost all authorities issue confirmation letters regardless of whether an application has been submitted via paper or online. In addition, where landlords have returned confirmation letters and have made amendments to their details, authorities are re-issuing a second confirmation letter, further delaying the approval process.

Good Practice Recommendation

The prime imperative of the landlord registration process is to create a register of landlords. Only after the register is available can effective monitoring of the sector take place.

In order to achieve this imperative the process of issuing confirmation letters requires to be completely reviewed. It is our recommendation that confirmation letters are not issued as a routine action, instead they are viewed as part of an enforcement process, in that they can be issued to applicants where the authority has concerns. As the evidence indicates, it is only for the minority of landlords that this will apply. Therefore, authorities should be satisfied that they have an appropriate level of proof relating to information supplied by those landlords.

Therefore the issuing of letters to landlords to confirm details should only be utilised where a landlord's application is pending review. This letter would then become the first step in evidence collection for future decision making and enforcement action if necessary. Process map 4.1 provides an illustration of the recommended procedure.

It was also a finding that the current IT system does not have the facility to prevent confirmation letters from being generated. It is therefore recommended that the IT system is amended accordingly to facilitate this function.

For the purposes of clarity, it may be worthwhile to rename the 'confirmation letter' to something like "pending review notification". It is also envisaged that this letter should be about ensuring the landlord is clear on the need for accuracy in what they are stating and to offer assistance if they do not understand their obligations.

Good Practice Examples

South Lanarkshire Council: Here no confirmation letter is issued. Instead once a landlord's application is approved they will receive an approval letter outlining information relevant to the landlord's registration. Following this a summary letter is issued reminding landlords to check their details and return only if amendments are required.

Dumfries & Galloway Council: Where paper applications are received and are correct and paid, the landlord's application is checked and approved. No confirmation letter is issued. Approval letters contain a summary of landlord's details which can be returned if any changes are required.

4.3.2 Overcoming Current Backlogs

As discussed above, issuing confirmation letters is one of the main factors in contributing to delays to the registration process. As it is being recommended that confirmation letters are no longer issued in every case, the following recommends ways for local authorities to overcome confirmation letter related backlogs:

• Backlog of confirmation letters to be sent to landlords

Most authorities have a considerable backlog of confirmation letters to be sent to landlords. In addition, due to inaccuracies with inputting data onto the IT system a significant proportion of early confirmation letters generated were issued to the wrong address. Therefore, there is potentially a significant backlog of early applications requiring a thorough review to ensure they were generated and sent to the correct landlord and address.

Some authorities have dealt with this issue by carrying out a manual audit of all applications. This approach has been time consuming and resource intensive and has not been consistent across authorities. However, it is a one off audit exercise and is essential to the credibility of the registration process particularly for those conscientious landlords and agents that applied at the start of the process.

Good Practice Recommendation

It is our recommendation that confirmation letters are issued only for landlords pending review. This requires local authorities to have robust enforcement and review processes in place. This also involves having a robust job tracking system for recording all correspondence sent to and received from landlords in place.

In order to clarify the situation, it is recommended for all authorities that have not already done so, that a detailed one off audit of early applications be carried out to ensure that landlords are properly identified within the system.

• Backlog of Confirmation Letters to be Returned by Landlords

Of the authorities that have issued confirmation letters to landlords, the majority have stated that there is a large number of no returns and this, combined with returned 'gone-away' confirmation letters, has contributed to a significant shortfall in approvals. A number of suggestions have been made as to why this is the case:

• a large proportion of the backlog appear to be applications that were made in the first year registration and therefore the time delay in issuing confirmation letters to landlords has not encouraged landlords to respond quickly;
• the standard confirmation letter does not appear to make it clear that it requires to be signed and returned;
• not all authorities provide a freepost envelope to encourage landlords to return letters;
• a copy of the confirmation letter is not provided for the landlord's own records nor is it clear that this is available for view online; and also

There is an issue that because landlords have complied with the legislation by applying and either paying or requesting to pay for registration, they are legally able to continue letting and therefore there is no incentive to return confirmation letters.

Good Practice Recommendation

It is our recommendation that unless landlords failing to return confirmation letters are pending review, that local authorities cease pursuing them to sign documentation and progress approval. In recommending this it is recognised that some landlords may not be traced and this will be identified and action taken when the approval letter is issued.

Where a landlord is pending review and is failing to return confirmation letters, the authority should begin to take steps to enforce compliance or refuse registration.

Backlog of Confirmation Letters Returned by Landlords

Where landlords have returned signed confirmation letters, local authorities are finding that some have made amendments to their records. This is mainly because of substantial delays in issuing letters. Where this has been the case some authorities have gone on to re-issue another confirmation letter for signature.

Good Practice Recommendation

Where backlogs of returned confirmation letters exist, it is recommended that these are categorised into applications for approval, applications with amendments and applications pending review.

Where applications require amendments, these should be made to the landlord's records. Additional confirmation letters should not be generated. It may be necessary however, where a telephone number or email address is provided, that local authorities contact landlords this way to confirm details If the landlord has a 'pending review' status the authority should take the necessary steps to complete the review process.

Where additional properties are added additional payment should be made before progressing the application.

All landlords are provided with online access to their own records and should therefore be reminded in all correspondence that they can access their records at any time and keep them up to date.

4.4 Amending Applications and Keeping Records Up to Date

At present local authorities have an ad hoc approach to maintaining landlord and agent records. It is apparent that due to delays in processing applications, local authorities have been relying on confirmation letters as a mechanism to ensure landlords' details are up-to-date.

Good Practice Recommendation

As part of the revised application process, it is appropriate to check that a landlord's details are input correctly but only check for obvious inaccuracies in information such as date of birth 01/01/01 etc. Further checks would be undertaken as part of an enforcement process to ensure that the public register is kept accurate.

Landlords should be advised on their legal obligations to keep their details up-to-date. It is recommended that local authorities create a mailing list of all approved landlords and agents and regularly inform them of their legal obligation to keep their records up to date. As we have recommended that email addresses be provided when applying online, local authorities can also use this information to remind landlords to keep their details up to date. Localised advertising may also assist in this process. Please see section 6.5 for further examples of enforcement action.

Where information on the public register becomes inaccurate, the onus is on the landlord to ensure the local authority is informed of their correct details. It is recommended that within the approval letter issued to landlords that they are advised that they can go online at any time and view and amend their details accordingly.

Ensuring landlord records are up to date will be particularly important when it comes to the renewal cycle. It is recommended that a reminder to landlords and agents is circulated on a regular basis, once per year and that a renewal notice reminder is sent out one month ahead of the renewal date. In addition, an automatic annual reminder by e-mail would be beneficial as it would enable local authorities to remind landlords of their obligation to keep details up to date. It would also be useful that any additional training, advice, information material could also be distributed along with this e-mail reminder. Where there is no e-mail address, reminders would be sent by post.

Good Practice Example

North Lanarkshire Council created a mailing list reminder to all landlords of their obligation to keep their records up to date.

4.5 Review List

The review list comes from two main sources, firstly landlords and properties identified externally to the registration process and secondly those flagged due to responses on their application, for example declared convictions etc.

The function of a review list is to identify risk to tenants and the community resulting from landlord action, inaction or condition of property. In line with the "fit and proper person" definition included in the legislation, there appears to be four key aspects to a review list. These are:

• where individuals are known to have acted illegally or improperly;
• where properties are known to be below acceptable standards, including safety certificates, failing tolerable and repairing standard, etc;
• where there is information giving cause for concern identified through the application process; and
• where an individual or property has been the subject of a justifiable complaint.

The review list has two specific functions, firstly to identify individuals whose behaviour is such that the authority may refuse to register them and secondly to identify individuals, where their approval as a landlord or agent is dependent on specific conditions which will require to be monitored.

Authorities have taken different approaches to compiling and administering their review lists. For example, some authorities issue details of every applicant to a group of stakeholders for comment. If there are no concerns then the landlord is approved. Others consult closely with a select group of stakeholders, for example representatives from housing, antisocial behaviour teams, finance, housing benefit, environmental health, local police, to regularly inform the registration team of any complaints or concerns.

Some local authorities reported that the resulting review list can generate a large number of concerns regarding landlords, agents and properties. As a result, the importance of determining which information is appropriate and relevant to a fit and proper test must not be under estimated and where there is insufficient evidence to assess a landlord or agent as unfit then they should be removed from the review list. Some local authorities have found it useful to create a pro forma to help guide any decision about which types of concerns would result in a landlord or agent being added to a review list.

It is important to note that at the time of writing there are a large number of landlords and agents on review lists and in the main, local authorities had under-developed procedures for maintaining review lists, including the removal of some landlords and properties.

Good Practice Recommendation

It is recommended that further guidance on the management of a review list and landlords and properties currently on review be provided by the Scottish Government in order to ensure consistency across Scotland.

It is recommended that local authorities identify appropriate sources to inform their review list, this could include information, concerns or complaints about landlords, agents and properties from wide variety of external and internal sources. These could include;

• Housing and Homelessness Services;
• Complaints to the Team or the Council;
• Environmental Health and Building Control;
• Finance and Housing Benefit;
• Antisocial Behaviour Teams or Community Wardens;
• Local RSLs, colleges, universities, etc; and
• Local Police officers.

It is important that all stakeholders involved in the review list process, are aware that information requires to be accurate and the creation of a pro forma of the fit and proper assessment criteria used within the authority should be supplied to all involved. It is also important that steps are taken to control the format by which information is provided. Local authorities may also find it useful to create a template-pro forma for this purpose.

Local authorities may also wish to consider who has access to the review list and decide whether information sharing protocols require to be in place.

In order that the review list information is valid, processes should be in place to ensure all evidence/information is updated and monitored on a regular basis. An assessment of the validity of the information should be made and if there is no other collaborative evidence the landlord or agent should be removed from the review list and where appropriate approved. Local authorities may feel it appropriate to carry out a risk assessment for certain landlords and to focus evidence gathering on where there is considered to be a risk, for example requiring sight of a gas safety certificate, a portable appliance certificate, or evidence of an AT5 being issued, a copy of the lease used etc.

As part of an enforcement process, an approved landlord, at any time, can be put on a review list and asked to provide signed confirmation of the facts as expressed by the landlord in their original application form and any subsequent evidence available to the Council.

Good Practice Example

The City of Edinburgh Council: A review list was compiled from the outset by the team and involves input from other departments within the Council. Initially it was agreed via a working group that particular departments would provide specific types of information to the team monthly.

The Review List therefore consists of information from:

• six area teams (from the Community Safety Officers);
• Regulatory Committee re HMOs;
• HMO Enforcement Team;
• Housing Benefit department;
• Private Housing Services (Letwise);
• Public Health team;
• Externally - Shelter and Citizens Advice Bureau.

In addition, the team seconded an officer to build review list software which incorporates the facility of 'fuzzy matching' which enables them to work from the Access download. Therefore, Edinburgh employed an additional member of staff to interrogate this system. As a result, they have a spreadsheet based on information collated from specific departments. In addition they have designated a specific officer to regularly interrogate the review list and be responsible for ensuring it is accurate and up-to-date.

4.6 Landlords/Properties Subject to Review

A large proportion of landlords' application status is 'pending review' across Scotland. This is not necessarily because they are currently on a review list but may be because the system has diverted their application due to incomplete details or declared convictions.

Most local authorities require to look closely at all landlords 'pending review' and to implement procedures by which to further assess their application and make an appropriate decision.

Good Practice Recommendation

Only where a landlord or agent is subject to review should a confirmation letter be issued for signature. The function of this letter is to establish the facts as expressed by the landlord under review in their application form/registration. Once a signed confirmation is received, this information can then be tested against known information available to the Council.

The review process should be designed to establish factual information concerning the landlords' 'fitness' to be registered to let property. All evidence on which a refusal or conditional approval is given must comply with the evidence standards acceptable to the Procurator Fiscal. It is clear from this consultation that this is an area where local authorities would like to receive further guidance.

However, where a 'pending review' landlord fails to return a signed confirmation letter, the authority must seek to take enforcement action against that landlord depending on the nature of the concern held by the authority and how it will impact that landlords' registered status.

Following confirmation of a landlord's details/situation, the local authority will undertake the "fit and proper" assessment as part of the registration process.

Good Practice Example

East Ayrshire Council: To date the Council have received complaints regarding 180 landlords in relation to a number of issues including, repairs, gardens and incorrect Notices To Quit/Illegal Evictions.

When a complaint is recieved or a concern raised about a landlord/agent the procedure is as follows:

• complete a complaints form;
• complaints details are logged on review database;
• the landlords status is changed to review on the online system;
• the landlord is allocated to an officer dependant on case load;
• the issue is investigated via the landlord and tenant;
• where appropriate a visit to the property may be arranged;
• where appropraite photographs may be taken;
• a record of all action taken and required is recorded;
• where necessary information is shared with other internal departments including Environmental Health, Cleansing etc;
• landlord and tenant(s) are provided with as much information and guidance as possible including:
• Landlords/Tenants Guide;
• Repairing Standard information; and
• details on other agencies etc who may be able to provide further information

The Council have also identified specific officers including an Antisocial Behaviour Investigator, Environmental Health Officer, Housing Inspector and Solicitor. These deal specifically with landlord registration and private sector housing wihtin the Council and link to the Registration Officer to ensure each stage of the process is followed.

4.7 Fit and Proper Person Test

As the current guidance recommends, it is important that the fit and proper assessment itself is a 'light touch' process and recognises that the majority of landlords and agents comply with the law. However, local authorities each have very different interpretation of the concept of 'light touch'. For example Comhairle nan Eileen Siar has completed a local Police check on every applicant, Inverclyde Council request sight of gas safety certification, others approve landlords unless they have cause for concern.

While it is at the local authorities' own discretion what information they decide to use to determine and justify their own fit and proper procedures, the process of requiring sight of such items as fire safety certificates, evidence of PAC testing and legally acceptable leases for application purposes is resource intensive and confuses registration with enforcement issues.

By applying for registration a landlord or agent is declaring that they comply with their legal obligations therefore the initial interpretation, in order to approve the application, should be to accept that declaration at face value. Any additional information requests should be made as part of an enforcement process and where it is subsequently found that they are not complying with housing legislation, for example operating without insurance, gas safety certificates etc, this constitutes a breach in their declaration and their case should be reviewed.

Good Practice Recommendation

As in previous guidance, it is recommended that the fit and proper person test should be 'light touch'. This means that unless someone or their properties are on a review list they should be approved. In light of any new information as part of an enforcement procedure or review list consultation, a landlord or agent's status can at any time revert to pending review and can be re-assessed as fit and proper at that time.

The aim of landlord registration should be to use all means possible to establish as comprehensive a register of landlords based on a light touch approval. Only where a landlord is pending review or where evidence subsequently comes to light about inappropriate behaviour or a breach of the fit and proper person test should any further information begin to be gathered.

Where there are concerns about specific issues it is recommended that targeted action on these issues is carried out using the information available to the Council and from the register. An accurate and comprehensive register is the tool to ensuring safety within the private rented sector.

4.8 Approval Process

Approval for landlord registration is acceptance that they have declared they are fit and proper to let property and there is no evidence for concern. A local authority should seek to notify the landlord in writing that they are approved. The approval letter should contain the following:

• landlord's registration number;
• reminder of landlord's obligation to keep their records up-to-date and how to do this; and
• date of renewal.

Good Practice Recommendation

The approval letter sent to the landlord should emphasis that their declaration has stated that they have complied with all current legislation and remind them of the key points of that legislation and where they can gain access to landlord information and advice.

In addition, it should outline a landlord's obligation to keep their details up-to-date and how to do this, their registration number, renewal date. It is also good practice to provide registered landlords with information of local landlords' forum, Private Rented Housing Panels, accreditation schemes etc.

South Lanarkshire Council: An approval letter is sent out confirming that the landlord is now registered. This includes:

• registration number;
• renewal date;
• outline of the landlords' responsibilities to keep the Council informed of any changes; and also
• notification that a summary details letter will follow in a few months which will require the landlord to check all their details are correct.

4.9 Refusal Process

At the date of the research, no local authority interviewed had refused any applicant. However, there were a significant number of landlords 'pending review' and awaiting further investigation. It would appear that local authorities are apprehensive about refusal to register as this may result in court action.

It must be recognised however that refusing and enforcing registration requirements is fundamental to the success of the scheme. Apprehension while understandable is not sustainable and local authorities are failing in their duties if action is not taken where there are significant concerns based on known information. It must be noted that local authorities make decisions about the suitability of individuals to operate in a number of other areas all the time and the same evidence based approach should be adopted for landlord registration.

Good Practice Recommendation

Where there are concerns and a landlord is placed on the authority's review list, the initial objective should be to provide the landlord with the opportunity to remedy the concerns. This may involve inviting the landlord to an interview with the registration team to discuss the issue and outline the landlord's legal obligations in relation to registration, the options for remedying the situation and the sanctions that can be imposed if the issue is not rectified.

Any refusal can be challenged in court. Therefore, the evidence gathered prior to making the decision should be to the appropriate standard. It is important that local authorities therefore discuss evidence requirements locally with the Procurator Fiscals or with colleagues who are familiar with the requirements of providing court evidence. Where a refusal is likely to be made procedures should also be in place for the following:

• the formal interview process with landlords or agents;
• scheme of delegation in place to make the final decision including issuing conditions on registration;
• defining the quality of evidence to be available to support recommendation;
• a system for providing advice to landlords, agents and tenants; and
• associated monitoring and review process.

Good Practice Example

East Ayrshire Council: The general refusal process adopted by the Council is:

If a landlord fails to cooperate with the requirements of registration and the decision is liekly to be that they should not be approved, the Registration Officer arranges a Scrutiny Panel. This panel consists of the Development and Strategy Manager, Solicitor and Private Sector Liaison Officer.

The landlord is invited to attend the panel to present their case. The panel's decision is confirmed in writing within 7 days and gives the landlord 21 days to appeal. The landlord can appeal in writing or complete an appeals form.

The Council have recently refused to register one landlord that failed to provide a gas safety certificate, as part of their evidence gathering process where the landlord was pending review. A Scrutiny Panel was arranged for the landlord to present their case however the landlord failed to attend and therefore the panel's decision was to refuse the application. This decision was confirmed in writing to the landlord along with details of how to appeal. No appeal request was received within 21 days and therefore a rent penalty notice is being served

4.10 Promotion of the Public Register

The general consensus has been that promotion of the public register has been limited. This is mainly because authorities have followed the Scottish Government's directive and not endeavoured to promote it until at least 75% of all landlords have been approved.

However the public register is a fundamental aspect of landlord registration and is not simply an 'add on' to the process. Public access to information about landlords and agents underpins the legislation and is about improving standards and allowing tenants to take forward complaints or concerns, or organise communal repairs etc. Therefore, the need to increase approval rates is tied into the need to provide a functioning public register.

However, local authorities did recognise that the public register would be a useful tool in the enforcement of landlord registration and are keen to ensure that this is utilised in the future. It is also important that local authorities begin to view registration as an extremely important facility for tenants and the general public.

Good Practice Recommendation

Local authorities require to place more prominence on the public register. It is important that the public are aware of its existence and how to access it. Where a member of the public cannot find the information they are looking for regarding a property, landlord or agent it should be clear that they can contact the authority to inform them. It is also helpful if there is a telephone number or email address by which the public can contact the registration team and that frontline staff are aware of landlord registration.

It is also recommended that it may be beneficial to authorities if a national campaign publicising landlord registration can be undertaken in partnership with the Scottish Government to target tenants in Scotland and landlords and agents throughout the UK.

It is therefore important that information contained on the register is accurate and that landlords and agents are kept well informed of how to maintain their records.

Good Practice Examples

The following good practice examples were collated:

Falkirk Council: The local college has provided the Council with a spreadsheet of local landlords to check for any that have not yet applied, which has been useful.

South Lanarkshire Council held local briefing sessions with staff to make them aware of landlord's requirement to be registered and how to check the register.

Argyll and Bute Council is producing promotional leaflets and information for the general public on landlord registration and the register.

Glasgow City Council has publicised the public register to local resident groups, community councils and elected members.

Dundee City Council has established a dedicated email address and phone number for the public to get in touch with the registration team if they require.

Orkney Council has advertised in the local press and in local tenants' and landlords' newsletters. The team have reported to committee, released an internet press release and presented at the local landlord forum.

4.11 Renewal Process

In light of recent experience, local authorities have expressed concerns about the renewal process particularly as some registrations are due to be renewed from April 2009.

Good Practice Recommendation

It is our recommendation that planning for this process gets underway now and in particular that the Scottish Government works closely with local authorities to ensure that the necessary improvements to the IT and payment process are implemented, tested and in place before the renewal process begins.

It is recommended that the IT system highlights to local authorities, three months before the date of renewal, that a landlord should be contacted to confirm their registration details and make any necessary amendments. This contact should ideally be in the form of an email or letter containing a set of user credentials to enable confirmation/amendments to be made online.

The online system should have the facility for local authorities to track which landlords have confirmed or amended their details and made the necessary payments.

If there are no concerns then the landlord should continue to be approved. If the landlord is at a pending review status they should be issued a confirmation letter and any necessary enforcement action taken. An authority should already have in place a process for ensuring their review list is up-to-date.

It is also recommended that authorities can easily identify landlords that have not renewed their registration and get them to confirm that they are no longer letting property. It is thought that there will be a facility via the online system to identify when renewals are overdue. The local authority would therefore follow this up by phoning, emailing or writing to the landlord. It may be necessary to cross check against other local authority records including Council Tax or Housing Benefit. As a last resort a land register check could be carried out.

It is also recommended that the Scottish Government consult local authorities in designing the renewal process and have in place an appropriate pilot period to thoroughly test the process. It would therefore be the local authorities responsibility for testing any IT changes and ensuring they work effectively before they go live.

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