All private landlords must register with their local authority to ensure that they are a "fit and proper person" to let property. It is an offence to let any house without being registered. From 31 August 2011 the maximum fine for operating as an unregistered landlord increases to £50,000.
Changes to Existing Legislation
The Private Rented Housing (Scotland) Act 2011 amends the landlord registration regime. Some changes come in to force on 31 August 2011, whilst others will come in later.
As well as the increase in maximum fine for operating as an unregistered landlord, there are other changes coming in to force on 31 August 2011. This includes the power for local authorities to require a criminal record certificate if it deems necessary when applying the fit and proper person test. Particularly if the local authority has reasonable grounds to suspect that the information provided is inaccurate. If a registered landlord fails to provide this, they may be removed from the register.
Another change coming in to force on 31 August 2011 is it will become an offence if a landlord does not notify the local authority if they appoint an agent. This will be punishable by a fine of up to £1,000.
Procedures
You can apply for registration online. Guidance is available for local authorities, and an online system is available for them to receive applications and maintain their registers.
Paper application forms, if preferred, and information leaflets are available from local authorities. Further information about registration is available on the Help pages of the registration website.
Renewals
When an application for registration is approved by a local authority it is valid for three years. If a landlord is still letting then they should apply to renew their registration prior to the expiry date being reached. If a registration expires and is not renewed then the relevant local authority will consider the landlord as no longer registered and may take enforcement action. This could include applying a late application fee.
Landlords can apply to renew their registration online up to three months before their current registration expires on the Landlord Registration website. A paper application can also be obtained from the relevant local authority. Local authorities will also issue reminders when registrations are due to expire.
Applicants using the online system should therefore find the renewal process straightforward. Applications made online receive a 10 per cent discount. All applications (paper and online) must be paid at the point they are submitted, there will be no facility for requesting an invoice.
A flowchart for landlords to determine the fee payable when making a paper application for registration is also available on this section of the website.
Antisocial Behaviour Powers
Local authorities also have powers to take action against landlords who fail to manage their property so as to minimise antisocial behaviour from tenants.
Legislation