Letter of the Law

Registration of Private Landlords

by Emma Allan, Miller Hendry Solicitors

From 30th April this year all private landlords letting properties in Scotland must have applied to register with the Local Authorities in which they let property. The law governing this is the Antisocial Behaviour etc. (Scotland) Act 2004. Local Authorities will also be given powers to take specific action against landlords who do not take reasonable steps to manage any antisocial behaviour caused by their tenants.

Landlords will need to provide information including their name and address and a list of the addresses of the property they currently let. They must provide a declaration stating that they comply with the legal requirements relating to managing rented property. If they use an agent, the agent's name and address must also be supplied.

Local Authorities must be satisfied that the landlords and their agents are 'fit and proper' for the purpose of private renting before they are registered. A wide range of factors can be considered in coming to a decision, including any convictions for fraud and violence, unlawful discrimination or evidence that the landlord has failed to take action in relation to antisocial behaviour affecting a property they let. If it is decided that someone is not 'fit and proper' they will not be allowed to register, but the Local Authority may advise on action the applicant can take so that they can be registered in the future.

Landlords who do not register and continue to let property will be guilty of an offence, and the Local Authority may either serve a notice suspending the tenant's rent payments or seek a criminal prosecution against an unregistered landlord who continues to let property.

Registration will last for a period of three years. A Local Authority can seek to remove a registered landlord from the register if it learns that he or she is not a fit and proper person.

It is hoped that registration will help Local Authorities to remove disreputable landlords from the market. This should go some way to removing the unfair competition of those landlords who provide poor housing or inadequate management.