1. Introduction
Scottish Ministers appointed consultants, Arneil Johnston to identify and recommend examples of good practice in the implementation of landlord registration for dissemination to all local authorities. The following document contains the outcomes of intensive consultation with local authorities on the implementation of landlord registration across Scotland.
1.1 Background
Despite being included in the Antisocial Behaviour etc. (Scotland) Act 2004, tackling antisocial behaviour is only part of the overall aim of landlord registration in Scotland. In addition, registration is also aimed at;
- improving private renting in Scotland by enforcing minimum standards in letting;
- obliging those not meeting minimum standards to improve, or leave the sector;
- enabling tenants, neighbours and local authorities to identify and contact landlords and agents of private rented property; and
- providing information on the scale and distribution of the sector throughout Scotland.
Registration introduced the "fit and proper person" test for landlords, which was designed to tackle issues of illegal or bad practice within the sector. As registration involves a public register of landlords and agents, it is a useful tool with which to empower neighbours and communities to engage with private landlords and resolve any issues that may arise. It also enables local authorities to engage positively with the sector on a broad range of issues including enhancing property and management standards through the creation of landlord and tenant forums and landlord accreditation schemes, supporting participation in common repairs and improvements to meet the Scottish Housing Quality Standard, effective targeting of the Schemes of Assistance under the Housing (Scotland) Act 2006, tackling fuel poverty within the private rented sector and ensuring repairing standards are delivered.
The legal powers, invested in local authorities as part of the Act, support an enforcement regime which could lead to a landlord losing the right to rent property. However, this control mechanism is only one aspect of a broader picture aimed at generating a clear strategic understanding of the sector, its role within the housing market and quality of the product supplied.
1.2 Methodology
In order to develop recommendations for good practice in managing and enforcing the different aspects of landlord registration, Arneil Johnston adopted the following methodology:
1.2.1 Desk Based Review
A desk based review of current landlord registration guidance provided to local authorities was completed, including an understanding of the online registration system. This acted as the basis on which a robust survey tool was developed.
Also, to help determine which authorities should be approached to participate in the study, a matrix was compiled profiling core factors such as the size of the sector, geographical characteristics, proportion of applications approved and expenditure thus far.
1.2.2 Structured Questionnaire Design
In order to identify good practice, Arneil Johnston developed, in partnership with the Scottish Government, a structured questionnaire based around the following core areas of landlord registration process:
- the scale and deployment of landlord registration, including the size of the sector and the number of registered landlords;
- the management of the landlord registration process, including resource planning and priority given to the scheme;
- staffing levels, skills and training arrangements, including any proposed changes;
- IT-related support within the authority and how any IT related issues have been resolved;
- procedures for dealing with online applications;
- procedures for dealing with paper applications, including sending out and entering onto the central IT system, landlord details;
- levels of authority and criteria for approving, reviewing and refusing applications, including confirming application details with landlords and agents and consultation with other local authority services to identify landlords or agents whose applications they wish to review;
- procedures for invoicing landlords and agents including, invoicing those who have not paid online (this includes both those using paper application forms and a significant proportion of landlords who apply online, but choose to request an invoice rather than paying online);
- procedures for liaising with landlords, tenants and agents and following up on tenants' complaints about their landlord;
- enforcement activity, in particular finding and chasing up landlords who have not yet applied for registration; and
- links with other private housing functions, including Schemes of Assistance, Local Housing Strategy, HMO enforcement, meeting the Repairing Standard, landlord accreditation schemes etc.
In addition, the questionnaire sought to identify specific areas where the authority considered it had been particularly successful, innovative and/or effective in implementing their registration scheme. It also looked at areas where practice or guidance could be improved or revised.
1.2.3 Pilot Study
The structured survey tool was piloted with East Dunbartonshire Council. This resulted in minor adjustments being be made to improve the data collection process.
1.2.4 Identifying Good Practice
In order to identify good practice, the Scottish Government and Arneil Johnston identified twenty two local authorities, based on geographical characteristics, size of their private rented sector and performance, to participate in the collation of good practice.
Therefore, the following authorities participated:
- Aberdeen City Council (visit)
- Aberdeenshire Council (visit)
- Argyll and Bute Council (telephone)
- The City of Edinburgh Council (visit)
- Comhairle nan Eilean Siar (telephone)
- Dumfries & Galloway Council (telephone)
- Dundee City Council (visit)
- East Ayrshire Council (telephone)
- East Dunbartonshire Council (visit)
- East Lothian Council (visit)
- East Renfrewshire Council (telephone)
- Falkirk Council (visit)
- Fife Council (visit)
- Glasgow City Council (visit)
- The Highland Council (visit)
- Inverclyde Council (visit)
- Midlothian Council (visit)
- North Ayrshire Council (visit)
- North Lanarkshire Council (visit)
- Orkney Islands Council (telephone)
- Perth & Kinross Council (visit)
- South Lanarkshire Council (visit)
1.2.5 Collating and Disseminating Good Practice
All survey responses were recorded electronically in Microsoft Word. For each authority, the complete process, including any links to other private housing functions, was recorded. Where examples of good practice have been identified, detailed analysis of the procedures involved were recorded and, where appropriate, process maps or diagrams prepared.
In recording and presenting good practice, recognition has been given to the scale of the sector and the appropriate level of resources within authorities of differing size and geography.
In order to disseminate examples of good practice, Arneil Johnston made available a secure section of its web-site to allow access to documents and procedures for comment by all stakeholders.
1.3 Good Practice Recommendations
This report outlines good practice recommendations in relation to the landlord registration process. Throughout, good practice recommendations are supported by examples currently being applied by the twenty one local authorities interviewed.
The original guidance supplied by the Scottish Government regarding landlord registration was compiled to support the establishment of the scheme. Now that schemes are operational and the guidance is being tested live by authorities, there are a number of areas where it has been suggested that the guidance could be strengthened or revised. There are other areas where it is suggested that local authority practice could be improved. This is reflected in any recommendations made.