Private Landlord Registration Enforcement Policy

Enforcement actions

Enforcement action taken will be based on an escalation process up to and including referral to the Procurator Fiscal.  Such a referral will only be used as a final resort and where all other management action and enforcement methods have been exhausted.

In terms of the Antisocial Behaviour etc (Scotland) Act 2004 (as amended) the Moray Council can apply the following four sanctions:

  • Late application fee;
  • Rent penalty notice;
  • De-registration;
  • Report to the Procurator Fiscal.

Care will be taken when applying enforcement actions as consideration must be given to the tenant’s rights and welfare in addition to that of the landlord. It is important to note that refusal or revocation of registration does not necessarily provide the landlord with legal grounds to end a tenancy.  In addition the Council also has statutory duties to prevent homelessness where possible and to ensure there is appropriate access to free, good quality, housing advice.

View the next section (late application fee)

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