Private Sector Housing

Landlord Registration

Important Update to the Repairing Standard for all rental properties:

https://www.gov.scot/policies/private-renting/housing-standards/

Temporary Rent Freeze and Evictions Ban

In order to help tenants through the cost of living crisis, the Scottish Government have announced that as of 6 September 2022, there is a rent freeze in Scotland. Landlords cannot increase rents before 31st March 2023 and can only increase rents by 3% until at least 30th September 2023.

The rent freeze applies to private and social tenants.

There will also be a ban on evictions in Scotland this winter. The ban is not in place yet and evictions can still go ahead until the Scottish Government puts out emergency laws in the coming weeks. Once the ban begins, it will last until at least 30th September 2023.

Further information is available from Shelter Scotland.

Am I a landlord?

A landlord is anyone who owns a property that is leased to another person.

Do I need to be registered?

You are required to be registered as a landlord in Scotland if you rent out all or part of a property unless:

• You live in the property as your main residence
• You are renting the property to family
• The tenant has a legal liferent agreement.

Applying for Landlord Registration

You can apply here Register and pay (please note this link will redirect you to the landlord registration website).

Alternatively you can download a paper copy of the application here:

Private Sector Landlord Registration Form (Word)

Private Sector Landlord Registration Form (PDF)

If you would like a paper copy posted to you or you have any additional queries you can contact us as detailed at the bottom of this page.

 Mygov.scot has published some useful information about what you must do before registering your property and your obligations as a landlord.

Fees

Landlord Registration Fees are set by The Scottish Government and are set out in The Private Landlord Registration (Fees) (Scotland) Regulations 2019 (legislation.gov.uk)

Fees can only be paid online through the link above or by attaching a cheque to a paper application.
Landlord registration fees are:

• Principal fee: £75
• Property fee: £17 (per let property)
• Late application fee: £149

Please note: Joint owners will not be charged a principle or property fee however will be charged the late application fee where applicable.

Joint Owners

All legal owners of a property should be registered with landlord registration.  Each owner should register in their own right; they will have their own individual registration number and will be responsible for maintaining and updating their own registration.

What happens after I apply?

While completing your landlord registration application or renewal you will now answer some questions confirming that you understand and comply with all of your legal obligations as a landlord.  Once your application is received you will be asked to confirm you are complying with these obligations by providing copies of some of the safety certificates.

Certificates requested:

Gas Safety Certificate (CP12)
Electrical Safety Certificate
Energy Performance Certificate (EPC)
Carbon Monoxide Detectors
Smoke and Fire Detectors 

Please note: If the rental property has oil or solid fuel heating then a carbon monoxide detector will be required.
It is a legal requirement that a legionella risk assessment is complete for each property.  More information on this can be found here:

 http://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm

This risk assessment does not need to be completed by a contractor and can be completed with any competent person.  You can download a copy of a simple risk assessment.

Where a property has a Private Water Supply information will be requested from the Private Water Supply team to ensure relevant testing is up to date and the supply is compliant to provide wholesome water as required by the repairing standard.  https://www.mygov.scot/landlord-repairs/tolerable-standard/

How long do I get to submit certificates?

Once you have submitted your application you will be asked to provide copies of your safety certificates. You will be given 28 days to provide these documents. If they are not received within this time frame you will receive a reminder allowing an additional 14 days to either produce the documents or to provide evidence that these works have been instructed.

Your application will be refused if these are not received.

If your application is refused and you continue to rent your property you will be committing an offence and will result in a rent penalty notice being issued against all properties you rent out. We will inspect properties where applications have been refused in order to ascertain if they are being rented and may make additional reports to the Housing and Property Chamber or Procurator Fiscal as necessary

Existing Landlords

If you are an existing landlord additional information can be found at https://www.mygov.scot/housing-local-services/landlords-letting/being-a-landlord/  on a variety of topics including:

• Creating a tenancy
• Tenancy Deposits
• Ending a tenancy
• Landlords right of Entry
• Private Water Supplies
• Dealing with Antisocial Behaviour

House of Multiple Occupation (HMO)

A Property is a House of Multiple Occupation (HMO) if there are more than 3 unrelated tenants or families living in the property where they share a bathroom and/or kitchen with other tenants. More information on HMOs and applying for an HMO license can be found here

Landlord Accreditation Scotland

Landlord Accreditation Scotland (LAS) provide information for private landlords based on Scottish legislation and best practice within the industry. Becoming accredited with LAS, along with regular attendance at courses and information events, provides landlords with knowledge on key issues and how to implement change when required, ensuring they have the confidence to conduct their business in a professional manner.
The range of training courses provided by LAS cover both legislation and best practice in the private rented sector. It can be very difficult to keep track of the changes to legislation which affect our responsibilities as landlords and agents. The courses that are available to you cover all of these responsibilities and are updated in line with ever changing legislation.
You can find more information on local courses here: https://www.landlordaccreditationscotland.com/landlord-training/

Upcoming Training Events

Core Standard Training Level 2 - Preparation for Possession Actions

Webinars

LAS webinar for Private Landlords - March 2022

Landlord Registration Newsletters

To view updates on the landlord registration process, other information and FAQ's, please see our Newsletters page.

It's a criminal offence if you rent out your property without registering with a local council. You could be fined up to £50,000.

Contact Us

Environmental Health
Moray Council
Council Office
High Street, Elgin
IV30 1BX

03001234561

landlord.registration@moray.gov.uk

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