All private landlords must register with their local authority. This gives tenants assurance that landlords are fit and proper people to let property, and gives the local authority a full picture of the private rented sector in their area.
Guidance is available for local authorities, and an online system is available for them to receive applications and maintain their registers. Paper application forms, if preferred, and information leaflets are available from local authorities. Further information about registration is available on the Help pages of the registration website, and on the Scottish Government's Better Renting web site.
Registration of Private Landlords, Guidance Notes for Local Authorities
Updates to Registration guidance
Review of Landlord Registration
In 2007 a Good Practice Review of the implementation of landlord registration was undertaken. The resulting report included recommendations to increase the efficiency and effectiveness of the scheme, including some recommendations on the existing legislative framework. These recommendations were further explored as part of Arneil Johnston's review of the legislation underpinning landlord registration.
The Scottish Government published a consultation on proposed changes to the secondary legislation underpinning the landlord registration scheme. A report on the consultation and an analysis of the consultation responses are available to view.
Changes to Existing Legislation
A number of changes to the legislation underpinning registration came into force on 12 February 2009.
The changes mainly relate to the fee and discount structure and are designed to simplify the application process. The main changes are:
- Discount for single property agents and accredited landlords removed;
- Charities discount increased from 80% to 100%.
- All joint owners should apply for registration but only a 'lead' joint owner will pay a fee.
- Landlords and agents applying to more than one local authority will receive a discount
In addition, a new exemption from registration for 6 months has been provided for insolvency practitioners taking ownership of property. This is in line with the current exemption for executors and heritable creditors.
Local authorities will also have a new duty to provide advice to tenants and prospective tenants on letting and registration. Local authorities already have a duty to provide advice to landlords.
Renewals
When an application for registration is approved by a local authority it is valid for three years. If a landlord is still letting then they should apply to renew their registration prior to the expiry date being reached. If a registration expires and is not renewed then the relevant local authority will consider the landlord as no longer registered and may take enforcement action. This could include applying a late application fee.
Landlords can apply to renew their registration online up to 3 months before their current registration expires on the Landlord Registration website. A paper application can also be obtained from the relevant local authority. Local authorities will also issue reminders when registrations are due to expire.
Applicants using the online system should therefore find the renewal process straightforward. Applications made online receive a 10% discount. All applications (paper and online) must be paid at the point they are submitted, there will be no facility for requesting an invoice.
A flowchart for landlords to determine the fee payable when making a paper application for registration is also avaliable on this section of the website.
Antisocial Behaviour Powers
Local authorities also have powers to take action against landlords who fail to manage their property so as to minimise antisocial behaviour from tenants.
Development of schemes
Implementation of the above schemes was informed by a group of stakeholders (The Housing Sub-Group of the Implementation Advisory Group for the Antisocial Behaviour etc (Scotland) Act 2004). Papers from the meetings of this group can be accessed from the "Meetings" link on the menu bar at the side.
The proposals were also the subject of a consultation exercise. The consultation paper, Regulation of Private Landlords under the Antisocial Behaviour etc. (Scotland) Act 2004, and the responses are published on this site. A Race Equality Impact Assessment is also available.
The work of the advisory group, and the responses to the initial consultation, informed amendments made to the Antisocial Behaviour etc (Scotland) Act 2004 through the Housing (Scotland) Act 2006, and Regulations and Orders approved by the Scottish Parliament. Details of the legislation can be accessed from the menu bar to the left.
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