Private Landlord Registration Enforcement Policy
Rent Penalty Notice
If Moray Council is satisfied that a landlord has failed to make a valid application to be registered, has been de-registered or where an application has been refused registration, it may decide to serve a Rent Penalty Notice where evidence is received that a landlord continues to rent out a property.
The Rent Penalty Notice (RPN) suspends the rent liability of a tenant living in an unregistered property.
Where, following the issue of warning letters, no application is received the landlord will be issued with a Rent Penalty Notice (RPN) in accordance with Section 94 of the Antisocial Behaviour etc (Scotland) Act 2004 
suspending rent payments on each property let by the landlord.
Landlord will initially be notified that their property requires to be registered or renewed. If a renewal is not then received landlords will be given 28 days’ notice to complete the required application. If the landlord continues to fail to obtain the necessary registration then the Rent Penalty Notice will be issued with a copy being delivered to the Landlord, Agent and Tenant. If the landlord registers during this period then the rent penalty notice will not be issued.
Service of the RPN will be authorised by the Principle Environmental Health Officer. In the first instance, the notice will be hand delivered by the Landlord Registration Officer to all parties.
Notice will also be sent to the Housing Benefit Department to allow them to withhold any housing benefit due for the period of time the notice is in force.
The Council will ensure that tenants are given advice and assistance concerning; security of tenure, benefit maximisation, housing benefit, homelessness services and the homelessness duties of the Council.