Part 2: MANAGEMENT OVERVIEW
The Antisocial Behaviour etc. (Scotland) Act 2004 (the 2004 Act) sets out the basics of registration and the consequences of a failure to register. Some of the detail is set out in associated regulations.
Registration also requires information technology and administrative systems to be established.
However, for mandatory registration to be effective, a sound organisational and management framework must underpin the legislative duties and administrative procedures.
There are a number of management issues that a local authority should consider to ensure that landlord registration is implemented as effectively as possible:
- while the administration of mandatory registration will fall to one department, its success will require co-operation between departments. It would be helpful if a statement was conveyed to all departments emphasising the authority's explicit commitment to registration at the corporate level
- senior management in the lead department for registration should convey a clear message to staff responsible for the registration process that the aim is to target most resources on identifying and dealing with the worst owners and agents while, for the others, the system should be applied with a light touch. The message should underline the point made throughout this guidance that registration should be a means of ensuring that all fit and proper landlords and agents are aware of basic good practice and undertake to comply with their legal obligations in letting. It should be made clear that registration is not meant to undermine the local rental market or discourage new landlords from entering the market.
- the establishment of a joint officers working group proved useful to many authorities in the lead-up to, and for a period after, the introduction of HMO licensing in October 2000. Consideration should be given by the authority to establishing a similar group for mandatory registration in order to facilitate inter-departmental liaison, agree information transfer arrangements and trouble-shoot problems that arise.
- there is another dimension to registration than purely processing applications, which is the duty on the local authority to provide assistance and support to tenants and to owners and agents in particular situations. Management needs to identify how and where the knowledge and communication skills needed to discharge this responsibility will be found, and to ensure that suitable training is given if necessary. Arrangements should be in place to help vulnerable and minority groups where necessary.
- while the IT processing system will generate most of the recommendations as to decisions on applications, a clear policy must be established identifying the appropriate level of delegated authority to managers or officers for rejecting an application, revoking registration, applying a Rent Penalty Notice and submitting a report to the Procurator Fiscal's office.
- there is no single rule of thumb by which to decide whether an applicant is fit and proper to own or be responsible for letting property. Judgment is essential. Weighing up the pros and cons of conflicting information is inherent to the scrutiny process. Senior management must therefore take steps to ensure that decisions are transparent, fair, non-discriminatory to any minority or disadvantaged group and defendable against criticism and appeal.
- like other regulatory activities, it is important to establish a means of monitoring and reviewing the performance of registration activity. Responsibility for what is monitored and who reviews performance should be made clear. The IT processing system should assist quantitative measurement of basic information, such as the number of approvals and rejections, average decision-making times and the income generated. However, there is a qualitative dimension to registration work which should also be taken into account. After an appropriate period of time from the introduction of registration, 'consumer' feedback should be obtained from registered owners and agents, and from private tenants.
- the strategic overview noted the benefit that registration work could bring to Local Housing Strategies. Successful mandatory registration will provide the authority with a rich database of information about private landlords and their properties. However, registration work and housing strategy work are unlikely to be carried out by the same section, or, in some cases, within the one department. It will be necessary to ensure access to, or receipt of, data output tables by officers involved in updating the Local Housing Strategy.
Finally, despite planning to meet expected demands, it may be necessary, as a result of unexpected volume or other contingencies, to adapt the handling of registration. The following particular points should be borne in mind:
- the IT system is intended to minimise the work involved in bulk processing; encourage web applications, for example, through libraries and other facilities
- consider the use of agency staff for data entry of paper based applications
- the system works best if relevant information is organised in advance, so that applications needing detailed assessment can be diverted. There remains an opportunity to decide how much investigation is needed at the point before the registration is issued. It is also straightforward to remove registration if further information becomes available
- confirmation of a valid application protects the applicant's legal position. If there are delays in further assessment, prioritise the handling of applications
- focus particularly on the legal requirements
- wherever possible, inform applicants and potential applicants of timing in order to avoid unnecessary enquiries
This document is intended for use by local authorities as guidance in the implementation of private landlord registration. The guidance will be updated on an ongoing basis, with revisions available on the Scottish Executive website: http://www.scotland.gov.uk/Topics/Housing/Housing/16193/PrivateRenting/registrations/Introduction