INTRODUCTION
The Antisocial Behaviour etc. (Scotland) Act 2004 established the framework for the mandatory registration of private landlords in Scotland. Since 30 April 2006, all owners of privately rented housing in Scotland have been required to apply for registration to the local authority(s) in which they let property, unless they are exempt. Mandatory registration is an important strand of the Scottish Government's wider policy framework for the private rented sector, designed to raise the standards of accommodation and management and assure private tenants that their landlord is a fit and proper person to let property.
Regulations were introduced in 2005 and 2006 to provide for the operation of the landlord registration scheme and established the necessary administrative and information processing arrangements to deliver the scheme.
Responsibility for implementing landlord registration rests with local authorities. Each local authority is responsible for identifying landlords who are required to register and for ensuring that the registration process is completed. Before registering a landlord, a local authority must be satisfied that he or she is a 'fit and proper' person to let property. Any agent acting on behalf of a landlord must also be assessed as fit and proper.
In 2007 consultants Arneil Johnston were commissioned to undertake a good practice review of landlord registration and to identify and share good practice in delivery of the scheme. The resulting Good Practice Report 1 made a number of recommendations including some on the existing legislative framework.
Arneil Johnston were further commissioned in 2008 to undertake a review of the legislation underpinning the scheme to see whether changes to legislation could make delivery of the scheme more efficient. As part of this review, two focus groups were held with representatives from local authorities, landlord and agent organisations and tenant groups. Following the focus groups, Arneil Johnston recommended a number of changes to the secondary legislation and these recommendations formed the basis of the public consultation.
The consultation ran from 18 th July to 10 th October 2008. The consultation paper was divided into 3 main sections seeking views on proposed amendments to The Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2008, The Private Landlord Registration (Modification) (Scotland) Order 2008 and The Private Landlord Registration (Advice and Assistance) (Scotland) Amendment Regulations 2008 and hereafter known as the Fee Regulations, the Exemption Regulations and the Advice and Assistance Regulations.
We are grateful to all who took time to respond to the consultation paper. We received 141 responses of which 103 came from landlords/agents. Copies of the non confidential responses are available via the Scottish Government library (0131 244 4556 or SGLibrary@scotland.gsi.gov.uk for more information). The responses can also be viewed at http://www.scotland.gov.uk/Publications/2008/11/19103707/7
The responses were analysed by the Private Rented Sector Team of Housing Markets and Supply Division of the Scottish Government. The analysis, including an executive summary, can be viewed at www.scotland.gov.uk
In general, there was broad agreement to the majority of the proposals. Ministers have given careful consideration to the responses received from the consultation and the following section of this paper outlines how the regulations will be taken forward.