Private Landlord Registration Enforcement Policy
Opportunity to register
Information publicising the requirement to register, including guidance notes and application forms are widely available to the public, including online. Significant work has been undertaken in relation to raising awareness, including providing landlords with advice and information about the registration process. Therefore, landlords should be aware of their responsibilities.
The Council will give landlords the opportunity of taking steps to avoid an application being refused; these steps are intended to ensure fit and proper letting for the future.
Legislation and Scottish Government guidance details the circumstances under which landlords and agents are required to register and the procedures that must be followed.
Generally a landlord requires to be registered if he or she is the owner (or joint owner) of residential property which is subject to a lease or occupancy agreement and is not specifically excluded. Properties which are owned by local authorities and Registered Social Landlords (RSLs) are exempt from registration under this legislation. Should an agent be used in this process the local authority must be notified of this arrangement and the agent must be registered. It is the responsibility of the landlord to ensure that any agent they use is registered. However, agents may wish to register of their own accord so that they can market themselves as approved agents.
Registrations are valid for 3 years from the date of approval. Landlords must re-apply on or before the expiry date of their registration in order to continue legally letting property.
In order to proceed with registration, landlords are subject to a “fit and proper person” test. This should be straight-forward for the majority of applicants and is intended to prevent criminal activity from impacting on a tenant’s occupation.