Scottish Executive

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Question 1: Is it appropriate to exclude resident landlords and agricultural and crofting tenancies from registration?

Question 2: Is it appropriate to include accommodation provided with employment in registration?

Question 3: Are there other categories of landlord or property that should be excluded from registration?
Please give reasons for any additional proposed exclusions:

Question 4: Is the proposed approach to guidance sufficient?

Question 5: Do you have any views on how joint owners should be dealt with?

Question 6: Are there further sources of relevant information for identifying landlords who let while not being registered which could be highlighted in guidance?

Question 7: Taking into account the arguments in paragraphs 58 and 60, do you agree that the information provided by applicants should be taken at face value in most cases? Are there further checks which could be put in place to improve this approach? Would you suggest any alternative approach?

Question 8: Do you agree that the information listed in paragraph 58 should be prescribed to be included with the application?

Question 9: Is there any other information that should be prescribed, bearing in mind that it should be information needed to determine the application?

Question 10: Is the suggested approach to guidance appropriate?

Question 11: Is it appropriate to start from the assumption that applicants are considered to be fit and proper persons unless there is information, held by the local authority or provided in the application form, to suggest otherwise? Are there alternative ways in which the fit and proper person test could operate, while maintaining a light touch approach?

Question 12: Is the guidance outlined in paragraph 75 appropriate for determining whether an agency arrangement provides sufficient safeguards to register a landlord who is not otherwise fit and proper?

Question 13: Are there practical issues around organising information held by the authority and the database that would trigger reference to that information?

Question 14: Are the proposed requirements for a local authority to provide information and advice to applicants appropriate? Are there any additional elements that could be usefully provided?

Question 15: Do you have any comments on the approach to processing applications proposed in the guidance and the flowchart in Annex 2?

Question 16: Is the fee structure proposed in paragraphs 95 to 97 appropriate? What would be appropriate levels of discount? Are there any other circumstances in which a discount should be applied?

Question 17: Does Annex 3 show all the factors to be taken into account when estimating the costs of registration?

Question 18: Is this an appropriate approach to determining central funding for local authorities?

Question 19: Is the guidance on the detection of breaches appropriate?

Question 20: Do you agree that local authorities should be required by regulations to give advice and assistance to tenants whenever they refuse or withdraw registration or impose a rent penalty?

Question 21: Is the proposed guidance about decision-making by local authorities and consideration of the tenants’ interests appropriate?

Question 22: Do you agree that regulations should be made so that tenants are alerted to the possibility of having to pay back-rent if an appeal is successful?

Question 23: Are there any other steps that should be taken to help tenants plan for paying back-rent?

Question 24: Are these proposals for passporting between different regulatory regimes appropriate?

Question 25: Are the arrangements for consistency between different local authorities appropriate?

Question 26: Do you agree that regulations should be made requiring the local authority to provide advice and assistance to the landlord before serving an antisocial behaviour notice?

Question 27: Do you agree that the Scottish Executive should not seek to make regulations relating to holiday lets until more evidence has been gathered?

Question 28: Is the proposed guidance sufficient and appropriate?

Question 29: Is the proposed guidance sufficient and appropriate?

Question 30: Do you agree with the proposals for regulations on the costs which a local authority may incur under a Management Control Order and on how it can recover those costs?

Question 31: Is the proposed guidance sufficient and appropriate? We would particularly welcome comments from those who have direct experience of the type of Control Order available under Part VIII of the Housing (Scotland) Act 1987.

Question 32: Do you agree with the proposed arrangements for liability for expenses and for their recovery?