Affected landlords

Although the majority of private landlords are required to register with their local authority, there are a number of exceptions.

This content applies to Scotland

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

Footnotes

  • [1]

    s.83(6)(a) Antisocial Behaviour etc (Scotland) Act 2004

  • [2]

    s.108 Housing (Scotland) Act 2001 as amended by the Civil Partnership Act 2004

  • [3]

    s.83(6)(b) Antisocial Behaviour etc (Scotland) Act 2004 and s.83(6)(j) Antisocial Behaviour etc. (Scotland) Act 2004 as inserted by reg.2(b) The Private Landlord Registration (Modification) (Scotland) Order 2005 SSI 2005/650

  • [4]

    s.83(6)(d) Antisocial Behaviour etc (Scotland) Act 2004

  • [5]

    s.83(6)(e) Antisocial Behaviour etc (Scotland) Act 2004 as inserted by reg.2(b) The Private Landlord Registration (Modification) (Scotland) Order 2005 SSI 2005/650

  • [6]

    s.83(6)(i) Antisocial Behaviour etc (Scotland) Act 2004 as inserted by The Private Landlord Registration (Modification) (Scotland) Order 2005 SSI 2005/650

  • [7]

    s.83(6)(h) Antisocial Behaviour etc (Scotland) Act 2004 as inserted by reg.2(b) The Private Landlord Registration (Modification) (Scotland) Order 2005 SSI 2005/650

  • [8]

    s.83(6)(j) Antisocial Behaviour etc (Scotland) Act 2003 as inserted by The Private Landlord Registration (Modification) (Scotland) Order 2005 SSI/650

  • [9]

    s.83(6)(k) Antisocial Behaviour etc (Scotland) Act 2004 as inserted by The Private Landlord Registration (Modification) (Scotland) Order 2005 SSI 2005/650

  • [10]

    s.83(6)(l) Antisocial Behaviour etc (Scotland) Act 2004 as inserted by The Private Landlord Registration (Modification) (Scotland) Order 2005 SSI 2005/650

  • [11]

    s.83(6)(n) Antisocial Behaviour etc (Scotland) Act 2004 as inserted by by The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 (S.S.I. 2022/32), art. 1, sch. 4 para. 1(2)(c)

  • [12]

    Section 83(6) of the Antisocial Behaviour etc. (Scotland) Act 2004 as inserted by The Private Landlord Registration (Modification) (Scotland) Order 2022

  • [13]

    Issued under the Civil Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 SSI 2000/177

  • [14]

    sch.2 para.3 The Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005 SSI 2005/558 as amended by s.3(c) The Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2006 SSI 2006/28

  • [15]

    sch.2 para.6 The Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005 SSI 2005/558 as amended by s.3(c) The Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2006 SSI 2006/28

  • [16]

    s.88(4) Antisocial Behaviour etc (Scotland) Act 2004

  • [17]

    s.88(8) Antisocial Behaviour etc (Scotland) Act 2004