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Private Landlord Registration in Scotland

Private Landlord Registration in Scotland

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.

Do I need to register?

I am a landlord letting private rented property

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.

I have an HMO licence - do I still need to register?

Yes, the HMO licensing process and Landlord Registration are separate stand alone systems.

I am an agent managing private rented property - do I need to register?

If you do letting agency work in Scotland you're required by law to:

• follow a Letting Agent Code of Practice
• join the Register of Letting Agents

The Register of Letting Agents is a list run by Scottish Ministers. It makes sure every letting agent:

• is suitable to do the job,
• has met minimum training requirements.

Further information is available via the mygov.scot website.

Getting registered

When do I need to register?

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.

How do I go about registering?

Registration is simple. Register online at www.landlordregistrationscotland.gov.uk. 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.

Which local authority should I register with?

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.

What information will I need to provide on applying?

• your name, address, date of birth and any other names by which you are known
• the addresses of any properties you let
• the name and address of any agent you use
• a contact address
• information on any relevant unspent convictions or court/tribunal judgements
• a declaration that you comply with all relevant laws when letting property

What does 'fit and proper' mean?

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:

• fraud, dishonesty, violence or drugs
• unlawful discrimination
• breaches of law relating to housing
• failure to act in relation to antisocial behaviour.

But the decision is a judgement in the light of the information available - it is not automatic.

What if it is decided that I'm not 'fit and proper'?

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.

I jointly own a property with someone else - how will that work?

All joint owners must register. The lead owner will pay the full fee; the other joint owners will pay a discounted fee.

How will I benefit from registration?

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.

How often will I have to register?

Registration lasts for a period of 3 years, after which you will need to apply to renew your application.

How much will it cost?

The principal fee will be £80 for the 3 year period. An additional property fee of £18 will be payable on each property which you let. You may be eligible to pay a discounted fee if you fall into one of the following categories:

• have an HMO licence
• joint own a property
• member of an accreditation scheme

For full fees information, contact Clackmannanshire Council on 01259 450000 or email: privatelandlords@clacks.gov.uk.

Police Scotland advice for landlords

For Police advice on cannabis cultivation, human trafficking and illegal evictions, you can visit the Police Scotland advice for landlords and tenants page.