Private Landlord Registration Enforcement Policy
This will only be used as a final resort and where all other management action or enforcement methods have been exhausted. For example, when a landlord has failed to make a valid application to register and/or has failed to comply with another sanction. If the Procurator Fiscal successfully prosecutes a landlord under the Antisocial Behaviour etc. (Scotland) Act 2004 , the Council will re-evaluate the landlord’s status. He/she will no longer be considered to be a fit and proper person and will be unable to let property in Moray.
If, after the commencement of a RPN, no application for registration has been submitted following the period of 28 days, the Council will refer the case to the Landlord Registration Enforcement Panel. This panel includes representatives from Legal Services, Environmental Health and CAB. A case will be presented by the Homeless Strategy and Development Manager to the Panel who will determine whether agreement is given to proceed to the stage of evidence gathering in order to compile a case for submission to the Procurator Fiscal.
Full statements shall be taken from all relevant witnesses and copies of any documentary evidence pertaining to the renting of property by the subject landlord should also be obtained along with any other information deemed relevant to the case. At this stage any witness will be informed that the content of the statement will remain confidential however should the matter lead to criminal proceedings the defence would be required to be provided with a copy of any statement provided.
Any statement or interview which is required to be taken under caution may have to be taken by Environmental Health Officers, ASB Officers and the Police who have legislative powers to do so.
The Council will ensure that regular contact is maintained with all witnesses in relation to any subsequent proceedings against the landlord or agent, keeping them up to date with the progress of the case and their requirements should the case go to trial. Suitable advice and assistance will also be offered in compliance with The Private Landlord Registration (Advice and Assistance) (Scotland) Regulations 2005 along with contact numbers of other departments and agencies that can offer assistance and advice, for example, Homelessness Services, Victim Support, Citizens Advice, and Shelter.
Following the completion of evidence gathering a case shall be presented to the Head of Housing and Property with the recommendations of the Landlord Registration Enforcement Panel. The case will only be submitted to the Procurator Fiscal upon the authorisation of the Head of Housing and Property.