Your landlord’s registration responsibilities
All private landlords must register with the council unless they are exempt. The council can remove your landlord from the register if they do not behave properly.
Check if your landlord is registered and what to do if they are not.
Landlords that are exempt from registering
Private landlords do not have to register if they:
live in the property with their tenant
are subletting their home
rent out holiday homes
rent out crofts or farmland to an agricultural tenant
rent the property to a family member
A family member is a partner, child, parent or any blood relative, apart from a cousin.
Other landlords that do not have to register:
care providers, such as nursing homes
religious organisations renting to a religious worker
Check if your landlord is registered
You can enter your address or your landlord’s registration number.
Your landlord’s registration number should be in your tenancy agreement.
What to do if your landlord is not registered
Remind your landlord they should be registered. Give them time to put it right.
If they do not, report your landlord to the council. They can give your landlord a deadline to register by.
Search for your council's contact details on mygov.scot.
If your landlord still does not register
They could be fined up to £50,000 if they rent out a property without being registered.
The council can also send your landlord a letter which stops them from charging rent. This is called a rent penalty notice. The council will tell you if your landlord cannot charge you rent.
If your landlord dies
The person who inherits your home has a 6 month grace period to register as a landlord.
When the council can refuse or remove a landlord from the register
Your landlord has to meet certain criteria before they can register.
They must pass the council’s fit and proper person test. They could fail this if they have:
been convicted of criminal behaviour
discriminated against a tenant
harassed or illegally evicted a tenant
allowed antisocial behaviour in a home they rented out
not done repairs when ordered to by the tribunal
The council will look at each case individually and weigh up the circumstances. For example, having a previous criminal conviction does not guarantee someone will fail the test.
If you think your landlord is not a fit and proper person
You can report your landlord to the council.
Before you do, contact your landlord and explain your concerns. Follow our guidance if:
If your landlord does not put things right, report them to the council. Explain why your landlord is not a fit and proper person. The council can investigate and order your landlord to change their behaviour.
In very serious cases, the council can remove your landlord from the landlord register.
If your landlord fails the test or is removed from the landlord register
Your landlord cannot legally rent out the property and you will have to move out. Your landlord must follow the correct process to evict you. They cannot just kick you out.
If you need to move out, you should get a letter from the council. It should tell you:
your rights if your landlord wants to evict you
where to get advice and assistance on finding a new home
how to get help from the council if you're made homeless
If you're concerned about being evicted, speak to an adviser at Shelter Scotland.
Last updated: 3 November 2023