Landlords in the private rented sector have been required to apply for registration with the relevant local authority since 30 April 2006 under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004. In addition to the initial application there is an on-going obligation on the landlord to renew their registration every three years and to inform the local authority of any changes to their details which may affect the register.
Failure to comply and operating as a non-registered landlord is a criminal offence and can be costly with the courts having discretion to impose a maximum fine of £50,000 and a ban on letting properties in any council area for up to 5 years.
The Scottish Government has recently issued guidance for local authorities which is aimed at assisting local authorities in regulating and maintaining their landlord registers. Councils must ensure that only landlords that it judges to be fit and proper are permitted on the register.
The document, which features case studies throughout, provides guidance on a comprehensive range of topics from processing applications and ensuring applicants meet the ‘fit and proper person’ test through to ensuring compliance and enforcement.
The guidance also provides a brief overview of the forthcoming Letting Agent Code of Practice and will be updated in 2018 to reflect the forthcoming changes.
The guidance notes can be accessed here.
If you would like advice about landlord registration, a member of our Housing and Letting team would be happy to help.