Urgent review needed for troubled landlord scheme

An urgent independent review is needed into a registration scheme which is failing to weed out bad landlords and protect tenants from poor practice.

Shelter Scotland's report 'Landlord Registration in Scotland: three years on'[1] also calls for a national publicity drive after research revealed a lack of awareness amongst both landlords and tenants about their renting rights and responsibilities.

The report – published on the third anniversary of the scheme – shows that a minority of landlords continue to taint the sector with Dickensian treatment of their tenants and an estimated one in four properties is still not covered by registration. [2]

Shelter Scotland today (Thursday) put forward a three-point action plan to get registration back on track and ensure that it does tackle private rented sector problems, like withheld deposits, poor landlord management, harassment and unlawful eviction.

Graeme Brown, Director of Shelter Scotland, housing and homelessness charity, said: 'We share the desire of responsible landlords and local authorities who want to see Landlord Registration being made to work.

'Good landlords have paid their money each year to sign up to this scheme based on the promise it would level the playing field between them and the minority of cowboy operators who undermine the private rented sector’s reputation as a whole.

'Our report highlights areas of good practice but there are still instances where a minority of landlords are giving the sector a bad name. We document cases where tenants have been illegally evicted, with their belongings turfed out on the street or stolen, or they have been threatened with serious abuse, or worse, assaulted.'

He added: 'The private rented sector has an important contribution to make towards Scotland’s internationally acclaimed commitment to give everyone the right to a home by 2012. Most landlords will share Shelter's alarm at the continuing behaviour of some of the rogue landlords.'

John Blackwood, Director of the Scottish Association of Landlords (SAL), said: 'Our Association supports the Scottish Government's policy on registration as being a good idea and offering benefits for both landlords and tenants. But, as the Shelter report and our own research shows, one of the main problems is enforcement. We know of situations where councils are being told of unregistered landlords and quite simply nothing is being done.

'If this continues, Landlord Registration has the potential to fail because decent landlords will start to wonder, three years down the line, whether there’s any point in re-registering. Landlord Registration has to have teeth in addressing the problems of tackling unregistered landlords or there is simply no point in having it.'

On the third anniversary of landlord registration, Shelter Scotland calls for:

1. An urgent review of the Landlord Registration scheme by the Scottish Government to look at the barriers which are preventing the system working effectively to drive up standards and get rid of the worst landlords.
2. A major national publicity drive across Scotland to ensure both landlords and tenants know their rights and responsibilities.
3. Local authorities across Scotland must seek out rogue landlords who fail to improve their practice and ensure they can no longer operate in the private sector.

Shelter Scotland's campaign 'Notice Served on Bad Landlords' was launched in March to raise awareness of the landlord registration scheme; urge local councils to clamp down on unregistered landlords; and ensure bad landlords improve their practice. Visit scotland.shelter.org.uk/landlords for more information

Notes to editors

1. Download a copy of Landlord registration in Scotland: three years on.
2. Shelter Scotland's report states that up to 75 per cent of rented properties are registered. This means 25 per cent (1 in 4) of properties are currently not registered, or are awaiting approval. (See report, page 6)
3. Landlord Registration came into effect on April 30, 2006, as part of the Anti-Social Behaviour etc (Scotland) Act 2004. It means that landlords of residential properties in Scotland must register under the scheme - although there are some exceptions. Local authorities will carry out a 'fit and proper' person test, taking account of a variety of evidence, for example fraud, violence, dishonesty, unlawful discrimination, or breaches of law relating to housing.
4. Find out more information about landlord registration and the 'fit and proper' person test.
5. Shelter believes everyone should have a home and helps 170,000 people a year fight for their rights, get back on their feet, and find and keep a home. We also tackle the root causes of Britain's housing crisis by campaigning for new laws, policies and solutions.
6. Spokespeople are available for interview, telephone the media office on 0844 515 2442. An ISDN line number is available for broadcast interviews.