Landlord registration.
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 (Scotland) act 2004 in parts 7 and 8.
The 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 will undertake to adopt fair and reasonable measures throughout your tenancy. These will ensure you provide fit and habitable accommodation and also to allow for policing of your tenants guiding them when they are found to act in an inappropriate manner, taking actions to encourage their good behaviour.
The following are a list of questions and answers about landlord registration:
Questions
- 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?
Answers
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.
You are required to take action in the event you are notified of improper behaviour of your tenants by 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?
By appointing us as your agent, your property already benefits from accreditation and will be seen as being subject to responsible management. This includes having a lease that is accepted as being fair and as your agent we provide a point of contact that both tenants and fraught neighbours can use.
Where can I register?
Visit the registration website, set up your account and enter the appropriate details that ensure you are a suitable person to be a landlord. It is also the site that enables neighbours that have being struggling to deal with unruly tenants can find out 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 (£23.50).
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
- £55 for each joint owner who has not registered or applied for registration separately, and who is not a member of the main applicant's family.
- £55 for each agent who has not registered or applied for registration separately (£27.50 if the agent only acts in relation to one house).
- £13.75 for a main applicant or joint owner, for each additional authority applied to.
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.
- £11 for each house
There is a 10% discount on the total amount, for applications made online.
There is an 80% discount on the total amount for registered charities.
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
- Principal fee, authority 2: £13.75
- House in authority 1: £11.00
- House in authority 2: £11.00
- Sub total: £90.75
- Online discount, 10%: £9.08
- Total: £81.67
