Affected landlords
Although the majority of private landlords are required to register with their local authority, there are a number of exceptions.
Exemptions from the scheme
Landlords will be exempt from the registration scheme if their property is used to provide: [1]
care home services
school care accommodation services
independent health care services
secure accommodation services.
Landlords will also be exempt from the requirement to register if their property falls into a specified category:
it is occupied by their spouse, civil partner, partner or a member of their family (family includes parents, grandparents, uncles, aunts, nieces, nephews, children and siblings) [2]
it is a manse, convent or other property used by a religious order [3]
the house is being used for holiday purposes [4]
the house is the only or main residence of the applicant, [5] ie there is a resident landlord
the house is occupied by virtue of a life-rent [6]
the house is part of an agricultural tenancy or croft [7]
the house is owned by a religious group or occupied by a religious leader and it's main use is for worship [8]
the house is part of the estate of a deceased person and has been held by and executor for a period not exceeding six months from the date of death [9]
the house is in the lawful possession of a private insolvency practitioner or of a heritable creditor and has been held by that creditor for a period not exceeding six months from the date of possession [10]
the house is being used for a short-term let as defined in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 [11]
the house is being used under an occupancy arrangement by a person who has permission to enter into or to stay in the United Kingdom granted under the the Homes for Ukraine Sponsorship Scheme. [12] Please note this only applies where a lease is not in place
HMO licensing and landlord accreditation schemes
Landlords with a licence to let houses of multiple occupation [13] (HMOs) are still required to register as private landlords. However, they will not be required to pay a fee [14] and their local authority should carry out the registration automatically.
These landlords will only be liable to pay a fee and make an application for registration if they let any additional residential properties that are not HMOs.
Landlords who are members of voluntary accreditation schemes approved by their local authority may, in some circumstances, be automatically registered and be exempt from the registration fee. This will only be the case however if the accreditation scheme includes a 'fit and proper person' test. [15] Otherwise, the landlord will have to register and pay the fee as usual.
The applicant should contact her/his local authority in order to confirm her/his position.
Letting agents
Letting agents do not need to register themselves with their local authority. They will, however, be subject to the fit and proper person test when they are named as agents on a landlord's application form. [16] If they are not found to be fit and proper the landlord's application for registration will be rejected. [17]
Letting agents are permitted to register in their own right if they want to be certified as fit and proper for their own marketing purposes.
Last updated: 24 May 2022