Private Landlord Registration Enforcement Policy
Provision of false information or failure to include required information in an application form
It is a criminal offence to provide misleading or incorrect information, or not to include the required information. The Council understands that most landlords who miss out sections or questions have done so by mistake or have not understood what has been asked of them. Therefore, the Council will adopt a “light touch” approach in the first instance and try to work with landlords to ensure that all relevant information is provided. For example, if an application is received without all of the required information, in the first instance, the applicant will be asked to complete it in full.
If it is discovered that misleading or incorrect information has been provided, the Council will consider the facts of the case before reaching a decision regarding which enforcement action, if any, shall be pursued.
In accordance with Section 87(5), of the Antisocial Behaviour etc. (Scotland) Act 2004 , a person who is guilty of such an offence, will be liable on summary conviction to a fine.
The Council also assess and review the “fit and proper person” status of the landlord to determine if they should have their registration removed.
The Council might decide that the conscious deception rendered the applicant an unfit and improper person to be letting houses, and so refuse the application. Should the owner continue to let the property, the Council may issue a Rent Penalty Notice.
In cases where it is concluded that false or omitted information was not due to simple error or misunderstanding and that the owner has therefore committed an offence, a report may be sent to the Procurator Fiscal.