Private Landlord Registration Enforcement Policy
The Moray Council will ensure that the Policy complies with current legislation and promotes good practice. A detailed list of current legislation is contained in Appendix I .
The legal requirements for the Council are to maintain the public register, to deal with the applications received and provide advice and assistance to landlords and tenants as required by the Private Landlord Registration (Advice and Assistance) (Scotland) Regulations 2005 .
The Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”) places a requirement for all private sector landlords to register with the local authority.
Part 8 of the 2004 Act includes the following:
- Landlords, their agents and any houses let will be listed on a public register.
- Local authorities will consider relevant information available to it in determining whether a landlord is a ‘fit and proper person’ to let houses (Section 85 of the 2004 Act). Certain information that must be considered when applying this test, include:
- previous convictions under legislation relating to landlord registration or HMO licensing;
- breaches of the Repairing Standard;
- complaints and information which come to the local authority’s attention (for example from tenants, neighbours and others) where landlords have not paid their share of the cost of communal repairs or payments to property factors;
- antisocial behaviour by the landlord, the tenant, or at the property;
- concerns and other information which come to a local authority’s attention in relation to a property, through its other functions; for example when investigating noise complaints or carrying out environmental health inspections; and
- failure to produce a criminal record certificate where the local authority requires it.
- Application of a fit and proper test may result in landlords being refused at the point of application or de-registered subsequently. There is a right of appeal.
- Following registration a landlord must ensure that their information on the register is kept up-to-date. Landlords will be required to re-register every three years.
- Not to register will be a criminal offence and a number of penalties may apply.
The Private Rented Housing (Scotland) Act 2011 supports responsible landlords and address more effectively the problems caused by landlords who act unlawfully, by strengthening the regulation of the private rented sector amends the landlord registration regime. Provisions in the 2011 Act change the operation of the system for registration of private landlords, including amending the “fit and proper person” test and increasing the penalties for breaches of the legislation from £5,000 to a maximum of £50,000.
Registration requires landlords to state that they abide by their legal responsibilities in their role as a landlord of private residential property.