Private Landlord Registration Enforcement Policy
Failure to meet the repairing standard
Where a tenant makes a complaint to the Council with regards to a private rental property failing to meet the Repairing Standard (as defined by section 13 of the Housing (Scotland) Act 2006 ), appropriate advice will be given to the tenant on the correct procedures involved in addressing such problems and the role of the Housing and Property Chamber (First-tier Tribunal for Scotland) . The Council only has an advisory role. The tenant will be advised to seek independent legal advice. The tenant will also be advised to contact the Citizens Advice Bureau for more detailed information and advice.
In addition to its advisory role, the Council will, if appropriate, arrange for a visit to be undertaken by Environmental Health in order to assess the complaint.
If the complaint is substantiated and the landlord fails to act on the complaint, the Council will contact the landlord in order to remind them of their statutory obligation under the Repairing Standard.
Where the Housing and Property Chamber serve a Repairing Standard Enforcement Notice on the landlord or makes any other recommendations, the landlord’s level of compliance will be regularly monitored and their “fit and proper” status reviewed.
The Council will ensure that it notes in its register of landlords where a Housing and Property Chamber has made or varied a repairing standard enforcement order, or consented to the landlord entering into a tenancy or occupancy arrangement relating to a house where a repairing standard enforcement order applies. When an order is revoked or a certificate that the work has been carried out is granted, the information about the order must be removed from the register.
Where a landlord has failed to comply with a Repairing Standard Enforcement Notice, the Council will be notified. If the landlord continues to fail to rectify the identified repairs, the Council will investigate whether, as a result of the landlord’s non-compliance, he/she is a fit and proper person to remain on the register of private landlords.
In serious cases of non-compliance by a landlord, the Council will consider the possibility of removing registration from that landlord. The final decision to de-register a landlord will be taken by the Head of Housing and Property.