National Registration Scheme for Private Landlords

From April 2006 all private landlords and their agents have to register with the local authorities in which they let property.

• what are the key measures that will affect private landlords?
• who needs to register?
• what information will landlords need to provide?
• are landlords registered automatically?
• how much does it cost?
• how do I register?
• what happens to landlords who do not register?
• how long will registration last?
• what can landlords do to manage antisocial behaviour caused by their tenants?
• what can the Council do if a landlord does not take reasonable steps to deal with antisocial behaviour?
• self help section

What are the key measures that affect private landlords?

In 2004 the Scottish Parliament passed the Antisocial Behaviour (Scotland) Act 2004. This law requires all private landlords to register with local authorities. It also gives local authorities powers to take specific action against landlords who do not take reasonable steps to manage any antisocial behaviour caused by their tenants. These measures took effect from April 2006.

Who needs to register?

Essentially any private landlord or agent who manages property for a private landlord needs to be registered. There are some exemptions including holiday lets, houses managed by religious orders and houses providing care services governed by Care Commission regulation.

What information do landlords need to provide?

Landlords will need to provide their name and address and a list of the addresses of the properties they currently let. If they use an agent they need to provide the name and address of the agent. Landlords will also be required to provide information about any relevant convictions and a declaration stating that they comply with the legal requirements relating to managing rented property.

Are landlords registered automatically?

No. Local authorities need to be satisfied that landlords and their agents are “fit and proper” for the purpose of private renting. Local authorities may consider a wide range of information in making this decision including any:

• offences committed by the landlord involving fraud, dishonesty, violence or drugs
• unlawful discrimination with regard to sex, colour, race, ethnic or national origins or disability
• contravention of any provision of the law relating to housing or landlord and tenant relations
• evidence that a landlord has failed to take action in relation to antisocial behaviour affecting a house they let or manage
• anything else that the local authority think is relevant when forming a view if someone is fit and proper.
  

There is no automatic refusal of registration because evidence or information relating to these categories exists. Local authorities will have to take a balanced view.

How much does it cost?

It costs £55  to register and £11 for every property that you let.

How do I register?

The most cost effective way to register is on-line.  You are entitled to a 10% discount if you submit your application this way.  So, your fee then becomes £49.50 to register and £9.90 for each property you let. If you want to use a paper based application you can download the application form and the additional property form here.

What happens to landlords who do not register?

A landlord who does not register and continues to let property is guilty of an offence.

A local authority may serve a notice suspending the tenants’ rent payments. Alternatively a local authority can seek a criminal prosecution against an unregistered landlord who continues to let property.

How long will registration last?

Registration will last for a period of three years before the landlord is required to register again. However a local authority may seek to remove a landlord from the register if information comes to its attention that a registered landlord is not a fit and proper person.

What can landlords do to manage antisocial behaviour caused by their tenants?

Local authorities understand the difficulties landlords face in managing antisocial behaviour. However there are many things a landlord can do which include:

• making sure neighbours have the landlords contact details
• tenants are made aware of their obligations at the outset of a tenancy
• leases spell out tenants’ obligation to behave responsibly
• warning letters when tenants behaviour does not comply with the lease
• ultimately repossessing the property.

Many private landlords are already working closely with the City of Edinburgh Council’s Community Safety teams to tackle some of the problems caused by tenants. In addition, the Council’s Letwise team are also providing a range of training and good practice resources for landlords on managing antisocial behaviour.

If landlords fail to take reasonable action to deal with antisocial behaviour local authorities can intervene with Antisocial Behaviour Notices or may even reconsider if a landlord is a fit and proper person.

What can the Council do if a landlord does not take reasonable steps to deal with antisocial behaviour?

The Council can serve an Antisocial Behaviour Notice on the landlord. This notice would set out specific actions the Council would require the landlord to take to manage antisocial behaviour. If a landlord failed to act then the Council can suspend rent payments on the property or seek to take over the management of the property from the landlord.

Self help section

Landlords require to update the information if there is a change in their circumstances. For example, a change to the contact address they wish to be seen on the public register can be made by using the form below:

Changing a contact address (PDF, 101kb)

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