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CHAPTER 4: RESPONSES TO PROPOSALS UNDER THE ADVICE AND ASSISTANCE REGULATIONS.

Local authorities have a duty to provide advice and assistance in a number of circumstances. Information on what constitutes good practice in letting properties should be provided to each applicant at some stage in the process leading to registration or on registration, for example, when an application is approved.

The consultation proposed that local authorities have a duty to provide advice to tenants who report an unregistered landlord. This could involve advising the tenant of their rights, for example, through the provision of an information leaflet, and steps that the local authority is taking to enforce the provisions.

QUESTION 10

Do you support the proposal to extend the current advice and assistance regulations to require local authorities to provide advice to tenants where they discover their landlord is not registered but they believe they should be?

A total of 141 responses were received, of which 104 (74%) agreed with the proposal, 16 (11%) disagreed and 21 (15%) did not have a view.

71% of landlords and agents agreed with the proposal, 13% disagreed while 16% had no view.

92% of local authority responses agreed with the proposal, while 8% disagreed.

100% of landlord organisations and 71% of housing organisations agreed with the proposal while 29% of housing organisations did not have a view.

Many of the local authorities said they already provide advice and assistance to tenants and see this as standard practice and a valuable service.

Argyll and Bute Council stated:
"This is already done within Argyll and Bute and is good practice. I do not see the necessity to make this a statutory requirement. Should you be minded to do so, it would be desirable to have Scottish Government produced tenant literature and national publicity to promote consistency". (LR114)

Some felt that if the proposal was adapted then the Scottish Government should produce guidance to be issued nationally for all local authorities to use (not individual council's own material). This would promote consistency across all local authorities.

Renfrewshire Council said:
"Renfrewshire Council would support extension of the current advice and assistance regulations but would suggest that, to ensure a consistency of advice nationally, it would be appropriate for the Scottish Government to produce a leaflet aimed at tenants specifically dealing with this area of the law. That would ensure that a minimum level of standardised advice would be provided by local authorities". (LR93)

Two landlord organisations supported the proposal but had concerns that the local authorities were not complying with their current duties to offer advice and assistance in certain circumstances stating that it is essential that this advice is properly given to people affected by those who evade or refuse to register.

SAL stated:
"It is essential that landlord registration provides advice and assistance to those who could be potentially affected by those who evade or refuse to comply with the requirement to register. However, SAL has serious concerns about local authorities complying with their current duties to provide assistance to landlords. Importantly, both landlords and tenants must be assured of accessing appropriate advice and assistance which in turn can only help improve private landlord practice in a Scotland". (LR141)

The SRPBA commented:
"The SRPBA supports this proposal but we do have a number of concerns in relation to the extension of the current advice and assistance regulations. The Association contends that, in terms of advice and assistance to landlords, many local authorities do not appear to be fulfilling their current duties and we are therefore concerned about their ability to comply with an increased duty. Non compliance with duties contained within the legislation by a landlord is punishable but local authority non-compliance with duties does not come with any penalties. The Scottish Government must take action to ensure that all local authorities comply with their duties in terms of advice and assistance, and a consistent service is provided to landlords and tenants across Scotland. The provision of advice to tenants of unregistered landlords is a key part in ensuring that the legislation actually has some impact in indentifying poor landlords and achieving the aim of improving standards in the private rented sector". (LR101)

It was also felt that there is a need for clarification regarding the type of information local authorities can release to prospective tenants especially where a landlord is not registered but has applied. Local authorities cannot make that information public.

A small minority of landlords disagreed with the proposal, one respondent said:
"In my experience tenants nowadays are all 'Philadelphia lawyers' and are only too well aware of their 'rights'! It is the landlords (few remaining) 'rights' which need protecting. (LR66)

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