Private Landlord Registration Enforcement Policy

Rent Penalty Notice

If the 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.

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.

The notice will give a period of 28 days prior to its commencement during which the landlord may still register. If the landlord registers during this period, the RPN will be revoked prior to commencement.

Service of the RPN will be authorised by the Homelessness Strategy and Development Manager.   In the first instance, the notice will be served by first class recorded delivery to the landlord and tenant(s).  Failure of delivery will result in the notice being served by Sheriff Officers.

The Council will ensure that suitable advice and assistance is given to the tenant with regards to financial implications arising from the service of the notice.  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.

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