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REGISTRATION BY PRIVATE LANDLORDS
under the Antisocial Behaviour etc (Scotland) Act 2004

This Fact Sheet is one of a series provided to assist Charities

Who is affected by the National Registration Scheme?

From 30th April 2006 all private Landlords who own and let out residential property in Scotland to people who are not members of their family are required to register with the Local Authority unless the house is covered by at least one exemption (see below).

Why the change?

The registration process is designed to ensure that Landlords are ‘fit and proper’ to let residential property and to enforce a basic standard of housing in the private renting sector. Good Landlords should have nothing to fear from this legislation, although it will involve registration, payment and accompanying bureaucracy. Indeed, the change should be beneficial in weeding out bad Landlords and sub-standard properties.

How do I know if I am exempt?

Some of the exemptions are quite complex. The best way of finding out about these is to contact your Local Authority or by accessing the website

www.landlordregistrationscotland.gov.uk

Some, but not all, of the exemptions are as follows:-

What about tenant farmers?

The current position is that a tenant farmer’s own home is excluded from registration. However, any other house that the tenant farmer sub-lets to a non-family member will be subject to registration and, in such a case, the tenant farmer, as opposed to the owner of the land, should apply to be registered as an agent.

Registration what information do I need to provide?

Amongst other things, the Local Authority will require information relating to:-

  1. The Landlord’s address and other personal details.
  2. The address of each rented house within the Local Authority area.
  3. Details of any existing Registration held or refused.
  4. Details of any Criminal Convictions.
  5. A Declaration that the Landlord is complying with all relevant laws when letting property.

This is a Public Register, although public access to the Register is restricted.

How much will it cost?

The principal registration fee is fixed at £55 per Local Authority area. Each house is subject to an £11 fee.

There are various discounts applicable - one of which is a 10% discount for registering on-line.

Are there any penalties for late applications?

There may be an additional fee of £110 over and above the registration fee of £55 if you do not register in time.

What happens if I refuse to register?

If you rent to a non-family member and are not exempt, you will be committing a criminal offence if you do not register. You may be subject to a fine not exceeding £5,000.

Who will be refused registration?

In making the decision, each Local Authority will have regard to a number of factors. Those most likely to be (but not automatically) refused will be Landlords with convictions or prior offences relating to:-

  1. Fraud, Violence or Drugs
  2. Unlawful Discrimination
  3. Contraventions of Housing or Landlord and Tenant law.

Can I appeal?

The provision for appeal is by Summary Application to the Sheriff Court. The Local Authority must provide the applicant with details of the appropriate action to take if they refuse an application.

LANDLORDS’ REPAIRING OBLIGATIONS

The Housing (Scotland) Act 2006

The Housing (Scotland) Act 2006 requires all Landlords to ensure that the houses they rent meet a basic standard of repair – The Repairing Standard.

What is the Repairing Standard?

A house meets the repairing standard if:-

  1. It is wind and water tight and fit for human habitation.
  2. The structure and exterior of the property are in a reasonable state of repair and in good working order.
  3. The installations in the house for the supply of water, gas, electricity, sanitation and heating are in a reasonable state of repair and in good working order.
  4. Any fixtures, fittings and appliances provided by the Landlord under the tenancy are in a reasonable state of repair and in good working order.
  5. Any furnishings provided by the Landlord under the tenancy can be used safely for the purpose of which they are designed.

At what stage of the lease does the Repairing Standard apply?

The Landlord must carry out a repair inspection prior to a tenancy’s commencement and ensure that the house meets the Repairing Standard at the start of the tenancy and at all times during the tenancy.

How should a Landlord gain entry to inspect or carry out repairs?

The Landlord must give 24-hour advance notice in writing of a requirement for entry for the purpose of inspection or carrying out repairs.

What is the procedure for an unhappy Tenant?

A Tenant who believes that the Landlord has failed to comply with the duty to repair and maintain during the tenancy should:-

  1. Notify the Landlord that he/she is going to make a complaint.
  2. Apply to the Private Renting Housing Panel (PRHP) for a determination as to whether the Landlord has failed to comply with his/her duty.
  3. Specify the reasons for considering that the Landlord has failed to comply with the duty to repair and maintain.

Are there any defences for Landlords?

The PRHP President may reject the complaint if:-

  1. The complaint is vexatious or frivolous.
  2. The Tenant has previously made an identical or very similar application and there has not been a reasonable period of time between applications.
  3. The dispute has already been resolved.

What happens if the PRHP upholds the Tenant’s complaint?

If the complaint is upheld, the PRHP may issue the Landlord with a Repairing Standard Enforcement Order (RSEO) specifying:-

  1. What work needs to be done to bring the house up to the repairing standard.
  2. The time within which the work required by the order must be completed.

What happens if the Landlord does not comply with the RSEO?

If the Landlord continues not to effect the repairs:-

  1. The rent may be reduced by up to 90% through a Rent Relief Order.
  2. The Local Authority may carry out the repairs and recover the cost from the Landlord.

ANTI-SOCIAL TENANTS

Antisocial Behaviour etc (Scotland) Act 2004

A Local Authority will be able to serve an Antisocial Behaviour Notice (ASBN) on the Landlord of a house in its area if the Tenant is engaging in antisocial behaviour.

What is “antisocial behaviour”?

Antisocial behaviour is behaviour which causes, or is likely to cause, alarm, distress, nuisance or annoyance.

What will the ASBN contain?

An Antisocial Behaviour Notice must describe the antisocial behaviour which has led to the serving of the Notice and require the Landlord to take specified action within a specified period.

The Notice must state the consequences of a failure to take the action, and inform the Landlord of the right to request a review.

What happens if the Landlord fails to comply with the ASBN?

The Local Authority can:-

  1. apply to the Sheriff for an Order as to rental income (a Rent Penalty).
  2. apply to the Sheriff for a Management Control Order.
  3. take action to tackle the antisocial behaviour and pursue the Landlord for expenditure incurred in consequence of the Landlord's failure.

What is the effect of a rent penalty?

If satisfied that the Landlord has not complied with the ASBN, the Sheriff may make a Rent Penalty Order that neither rent nor any other payment will be payable by a Tenant.

What is the effect of a Management Control Order?

This transfers to the Local Authority the rights and obligations of the Landlord under the tenancy or occupancy arrangements existing at the time of the Order. The Order may be made for a period not exceeding 12 months.

Could a Landlord be prosecuted for failing to comply with an ASBN?

Yes. In addition to those measures mentioned above, a Landlord may also face a fine of up to £5,000 unless he/she can show that there was a reasonable excuse for the failure.

What are the options available to a Landlord with an antisocial tenant?

Those actions a landlord could take include:-

  1. Enforcing the terms of the tenancy agreement.
  2. Request the Local Authority to initiate an ASBO.
  3. Seek an interdict.
  4. Seek possession at the end of the tenancy.
  5. Seek possession on the grounds of antisocial behaviour.

Useful website addresses

www.landlordregistrationscotland.gov.uk
www.betterrentingscotland.com
Although carefully prepared, this Fact Sheet is a guide only and is not intended to be comprehensive. Specific advice should be requested on individual situations.
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Copyright © 2006 J & H Mitchell