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Publication - Guidance

Landlord registration: statutory guidance for local authorities 2017

Published: 4 Sep 2017
Part of:
Housing
ISBN:
9781788511728

Statutory guidance for local authorities regarding the effective regulation of landlord registration.

58 page PDF

690.4kB

58 page PDF

690.4kB

Contents
Landlord registration: statutory guidance for local authorities 2017
Annex A

58 page PDF

690.4kB

Annex A

Overview of Legislation

This table is intended to signpost readers to legislation relating to landlord registration. It is important to note that the links are to versions of the legislation published on legislation.gov.uk. Care should be taken to check for outstanding changes that have not yet been applied.

Legislation

Overview

Commencement

Relevant Acts

Antisocial Behaviour etc. (Scotland) Act 2004

Part 8 introduces 'Landlord Registration' i.e. the requirement for each local authority to establish a register, showing registered persons and the house they let, and make it available for public inspection.

30 April 2006

Housing (Scotland) Act 2006

Sections 175 and 176 amended the 2004 Act.

Section 175 introduces powers to introduce a Letting Code and makes provision in connection with fit and proper considerations regarding the fact and nature of any agreement that the landlord has with an agent in connection with the letting of the house, when deciding whether the landlord (but not the agent) is a fit and proper person.

Section 176 introduces a duty on local authorities to note decisions of private rented housing committees and specifies information on the register that must be made publicly available.

5 July 2006

SSI 2006/395

29 January 2006

SSI 2006/14

Private Rented Housing (Scotland) Act 2011 (Part 1)

The 2011 Act contains a number of provisions which amended the 2004 Act.

Section 1 – Fit and proper person - Considerations

1 July 2012

SSI 2012/120

Section 2 – Fit and proper person: criminal record certificate

31 August 2011

SSI 2011/170

Section 3 – Landlord registration number

1 April 2013

SSI 2013/82

Section 4 – Appointment of Agents

1 July 2012

SSI 2012/120

Section 5 – Access to register: additional information

1 April 2013

SSI 2013/82

Section 6 – Duty to include certain information in adverts

1 June 2013

SSI 2013/82

Section 7 – Penalty for acting as unregistered landlord etc.

31 August 2011

Section 8 – Disqualification orders for unregistered landlords

1 April 2013

SSI 2013/82

Section 9 – Power to obtain information

1 April 2013

SSI 2013/82

Section 10 – Part 8 of the 2004 Act: guidance (statutory)

31 August 2011

SSI 2011/170

Section 11 – Information to be given to local authority

1 April 2013

SSI 2013/82

Section 12 and Schedule – Minor and consequential amendments

1 April 2013

SSI 2013/82

Housing (Scotland Act) 2014

Section 21 –Once commenced it will insert a new section 85B into the 2004 Act which sets a 12 month time limit for determining an application for registration.

Not yet commenced

Landlord Registration – Regulations and Orders

Private Landlord Registration (Advice and Assistance) Regulations 2005 ( SSI 2005/557)

Makes provision for :

  • advice and assistance that a local authority must give to landlords (on good letting practice; action that may be taken to avert refusal of an application or removal from the register);
  • advice and assistance that a local authority must give to tenants where the authority refuses an application for registration; removes a landlord from the register or serves a rent penalty notice.

31 March 2006

Amended by SSI2008/402

Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005 ( SSI2005/558)

Makes provision for:

  • the methodology for calculation of fees by local authorities (substituted by Schedule 2 of SSI 2008/43 which introduced fees set by Scottish Ministers)
  • information to be provided in an application for registration

1 January 2006

Amended by SSI2006/28; 2008/403;

2012/151

Private Landlord Registration (Appeals Against Decision As To Rent Payable) (Scotland) Regulations 2005 ( SSI 2005/559)

Makes provision about the notice from the landlord to the tenant where a landlord appeals against a rent penalty notice.

31 March 2006

Private Landlord Registration (Modification) (Scotland) Order 2005 ( SSI 2005/650)

Amends section 83 of the 2004 Act to add additional categories of houses which are disregarded for registration purposes (section 83 (6)(e) to (l)).

1 January 2006

The Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2006 ( SSI 2006/28)

Amends SSI 2005/558 as follows:

  • replaces the original method of calculating the principal fee with £55;
  • exempts liability for an additional fee for homes already caught by HMO licensing or other local authority accreditation;
  • introduces a fee where an agent is specified in an application and the agent is not already registered or an applicant for registration.

31 January 2006

The Private Landlord Registration (Advice and Assistance) (Scotland) Amendment Regulations 2008 ( SSI 2008/402 )

These regulations amend SSI 2005/557. They make provision for general advice to be given to tenants or potential tenants about letting practice or landlord registration.

12 February 2009

The Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2008 ( SSI 2008/403)

These regulations amend SSI 2005/558. They introduce a revised Schedule 2 and include provisions for:

  • exemptions to the principal and property fees
  • discounts to the principal fee
  • exemptions and discounts to the agent fee
  • late application fee
  • discount for online applications

12 February 2009

The Private Landlord Registration ( Modification) (Scotland) Order 2009 ( SSI 2009/33)

Amends section 83 of the 2004 Act to add an additional category of house which is disregarded for registration purposes (section 83(6)(m)) - house owned by a person acting as an insolvency practitioner.

12 February 2009

The Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2012 ( SSI 2012/151)

These regulations amend SSI 2005/558. They make provision for:

  • Fees for appointing an agent
  • Material about firearms/sexual offences and antisocial behaviour orders to be considered in the fit and proper person test

1 July 2012


Contact

Email: Gary Mitchell, Gary.mitchell@gov.scot

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG