From April 30th, 2006 it is compulsory for landlords to have registered with the Scottish Executive. The requirement for this is outlined in the Antisocial Behaviour etc. (Scotland) act 2004 in parts 7 and 8.
Its purpose is to ensure that only fit and proper persons can become landlords and to make landlords responsible for their tenants thereby creating social responsibility. As a responsible landlord you undertake to adopt fair and reasonable tenancy management including provision of fit and habitable accommodation and policing of your tenants, guiding them when they are found to act in an inappropriate manner and encouraging their good behaviour.
Broughton Property Management will only accept clients who have already registered or can prove an application has been submitted, a service we also offer.
The following are a list of questions and answers about landlord registration:
- What defines a fit and proper person?
- What is required of the landlord?
- What part does the agent play?
- Where can I register?
- What is your agency registration number?
- Can you help me register?
- How much will it cost me?
- Have you an example of working out the cost?
What defines a fit and proper person?
To be a fit and proper person, a landlord must not have committed any offence involving fraud, dishonesty, violence, drugs, or practised discrimination.
Account will also be taken if you are found to have contravened any provision of laws relating to housing, or landlord and tenant law, and also by your actions, or failure to act, in relation to any antisocial behaviour affecting a house let or managed by you, taking account of the fact and nature of any agency arrangement.
What is required of the landlord?
Landlords are required to ensure their accommodation is to a good habitable standard and maintained as such. The tenancy agreement must be fair, approved and accepted by the local authority. There must be provision for control within the tenancy.
If notified of improper behaviour of your tenants you are required to take action, following a procedure for notification and guidance. You will be seen as in contravention of the law should you fail to act in this respect. This may seem a little harsh since you are not provided with real tools to enforce your warnings other than recover your property at a juncture as defined in the Housing (Scotland) act 1988. It is sufficient however that you follow procedures and record you have done so to comply.
What part does the agent play?
Having appointing us as your agent, your property will be seen as under responsible management. This includes having a lease already accepted as being fair and as your agent providing a point of contact for both tenants and fraught neighbours.
Where can I register?
Visit the registration website, set up your account and enter the information requested. This is a public register and the same site that enables neighbours troubled by unruly tenants to find the contact details of you, the landlord. You can also apply through the local council to Landlord Registration, City of Edinburgh Council, Environmental Health, Chesser House, 500 Gorgie Road, Edinburgh, EH11 3YJ.
What is your agency registration number?
You can register yourself providing the requested information and fee. You will require our registration number and that is 00483/230/08160.
Can you help me register?
Broughton Property Management can submit the registration for you. Unfortunately that requires additional administration which is outside of our normal remit and for which we charge a fee of £20.00 + VAT.
Should you require us to submit the application on your behalf please complete the form and return it to us either with your cheque for the total amount or if you are an existing landlord we can deduct the fee costs from your rental income.
How much will it cost me?
As you may have guessed, the Scottish Executive also charges a fee that currently is:
- £55 for the main applicant.
- £11 for each property.
- £55 for each agent who has not registered or applied for registration separately.
Joint owners of a property should nominate a ‘lead owner’ who will pay both the principal fee and the property fee(s) for each jointly owned property. Joint owners other than the lead owner are exempt from paying those fees but only for jointly owned properties. They are responsible for registration fees for any other properties owned by them independently.
No principal fee is required for anyone who holds an HMO licence from the relevant authority, or is accredited with a scheme approved by that authority.
The authority where the full fee is charged is the authority where the applicant has the greatest number of properties, or the first authority entered if the number of properties is equal. The discount for additional authorities only applies when a group of applications is paid for at one time. If you choose not to pay for all your applications together, it will cost more.
- There is a 10% discount on the total amount, for applications made online.
- There is a 50% discount for applications made to multiple authorities.
- There is a 100% discount on the total amount for registered charities.
There is no additional fee for including Broughton Property Management as your managing agent when registering. Please check with your local authority if using another agent.
Have you an example of working out the cost?
If the local authority has to contact you twice to remind you to apply for registration, they may apply a late application fee. This means you will pay £110 on top of what you would have paid if you had applied promptly.
The system will calculate the amount due, based on the information you have entered. If you claim a discount to which you are not entitled, you will be asked to pay the outstanding amount. It is an offence to knowingly provide false information.
A landlord who owns one house in each of two local authorities, and applies online:
- Principal fee, authority 1: £55.00.
- House in authority 1: £11.00.
- Sub total: £66.00.
- Online discount, 10%: £6.60.
- Total: £59.40.