All private landlords letting properties in Scotland must have applied to be included in the register of landlords. The aim of landlord registration is to ensure that all private landlords in Scotland are 'fit and proper' to be letting residential property. The requirement will help local authorities to remove disreputable landlords from the market and protect tenants and their neighbours from the impact of antisocial behaviour and mismanaged property on the wider community.
You will have to register if you are a private landlord letting residential property in Scotland, unless all the houses you let are covered by one or more of the exemptions. Letting part of your own home is exempt as is a house let to the tenant of an agricultural holding or croft. There are some other minor exemptions. If you are just entering the market, you should register before letting property. Please contact Clackmannanshire Council if you need to clarify your position.
Yes, the HMO licensing process and Landlord Registration are separate stand alone systems.
Although you are not obliged by law to register, you are encouraged to do so. In any case, the landlord whose properties you manage will need to list you on his or her application, and the local authority will check that you are fit and proper to be acting as a landlord. If a landlord registers and lists details of an agent who is not separately registered an additional principal fee of £55 (this fee is subject to review) will be charged to the landlord, this may be recovered from the agent. It may be more convenient for agents to register independently as you can then market yourself to clients as 'fit and proper'. It will also avoid your clients being charged the additional principal fee at the point of their registration.
If you are a landlord, you must be registered or have applied to register. If not, you will be committing an offence. A valid application is one which has been submitted, either on-line or by application form, and the correct fee paid. Although there are no specific timescales for Clackmannanshire Council to confirm the registration status of a landlord, it should be approximately 1 month from the date of a valid application being submitted, rising to approximately 6 months if checks are required to be carried out.
Registration is simple. Register online at www.landlordregistrationscotland.gov.uk, online registrations will receive a 10% discount of the total fee. You can also request an application pack from the address detailed below.
Application forms entitled Landlord Registration and Landlord Registration - Details of Agent/Joint Owner are available to download. Note that each joint owner will need to complete a separate Joint Owner application form.
You must register with each local authority in whose area you let property. If you own properties in more than one area, you will be able to apply to register in all authorities in one application. This will reduce the total fee that you will have to pay.
Please note that the registration must be made at the same time to all local authorities for the consecutive discount to apply.
To be registered, landlords must be 'fit and proper' to let residential property. For information on good practice in residential letting speak to Clackmannanshire Council. Local authorities will make use of any relevant information available to them to reach a decision on whether you are 'fit and proper'. They must take account of any evidence of:
But the decision is a judgement in the light of the information available - it is not automatic.
You will not be allowed to register but the local authority may advise you on how to improve so that you can be registered. If you are neither registered nor in the process of registering, it is an offence to let a property. There is a right of appeal.
All joint owners must register. The lead owner will pay the full fee; the other joint owners will pay a discounted fee.
Good landlords have nothing to fear from registration. Registration will help local authorities to remove disreputable landlords from the market. This will remove the unfair competition of the small amount of landlords who provide poor housing or inadequate management.
Registration lasts for a period of 3 years, after which you will need to apply to renew your application.
The principal fee will be £55 for the 3 year period. An extra 20% of the principal fee (£11) will be payable on each property which you let. (The fees are currently subject to review). You may be eligible to pay a discounted fee if you fall into one of the following categories:
For full fees information, contact Clackmannanshire Council on 01259 450000 or email: email@example.com.
For Police advice on cannabis cultivation, human trafficking and illegal evictions, you can visit the Police Scotland advice for landlords and tenants page.
Community Safety and Advice
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 450000