The registration scheme

Local authorities are required to keep a register of landlords and letting agents in their area that are considered fit and proper persons to let residential property. [1] Landlords must apply to be accepted onto the register and, if they are successful, they will be entitled to let property for three years before having to renew their application. [2]

It is an offence for any person that is not on the register to let residential property in Scotland, [3] unless they fall into one of the exempt categories. For further information, please see the page on affected landlords.

Before s/he can be registered, each landlord must be found to be a fit and proper person to let property. [4] In deciding whether a landlord is fit and proper, the local authority will take into account any material that shows the individual has committed any offence involving fraud, dishonesty, violence or drugs, or has practiced unlawful discrimination in any business, or contravened housing law. [5] Landlords are required to provide prescribed information as part of their application, for example details of any relevant convictions, court or tribunal judgements and a declaration that they comply with other legal requirements relating to their lettings. [6] Local authorities can ask landlords to provide them with a criminal record certificate (within the meaning of section 113A of the Police Act 1997) when they have reasonable grounds to believe that the information that the landlord has supplied is inaccurate. If a landlord then fails to supply a criminal record certificate then the local authority is not obliged to put them onto the register of landlords. [7]

None of the above grounds will result in an automatic refusal to register a landlord and the local authority should consider all relevant information. [8]

If a landlord is found to be fit and proper then s/he will be accepted on to the register. [9] If s/he is not found to be fit and proper then her/his application will be refused. [10] If the local authority believes that there is action that an applicant could take in order to become fit and proper then it should give her/him advice on the appropriate action to take. [11] For example, it might recommend that s/he employ an agent to deal with running the tenancy. For more information, please see the section on failure to register.

Landlords should register with the local authority in whose area their property is located. [12] If a landlord lets property in more than one area, s/he must register with all the relevant authorities. S/he will not, however, be required to pay the full registration fee in each area. [13] Where the property is jointly owned, all the owners must register with the authority. [14]

Where a landlord has appointed an agent for the purposes of acting in relation to leasing out his/her property they must notify the local authority of this as soon as practicable. [15] Local authorities can charge landlords who have already registered a fee when they notify a local authority that an agent is acting for them in relation to the leasing of a property or properties. [16] It is an offence not to notify the local authority that an agent is acting in relation to the leasing of property and landlords can incur a fine of up to level 3 on the standard scale where this is breached landlords can register either by contacting their local authority or visiting the landlord registration website. [17]

The registration scheme has been introduced to give local authorities greater power to raise standards of practice amongst landlords and letting agents in the private rented sector.

Registration officers will have the task of identifying and pursuing landlords who should be registered but who are not. There is provision for the sharing of information, which may assist registration officers in identifying properties that are not registered. Regard must still be had to the relevant data protection legislation. [18] This would allow housing benefit departments to assist registration officers by providing information about addresses of housing benefit claimants and the identity of their landlords. [19]

Anyone who is either a tenant or a prospective tenant of a private landlord (and is, therefore, affected by the landlord registration scheme [20]) can now approach the relevant local authority who must provide them with 'general advice'. [21] The regulations, which came into force on 12 February 2009, do not stipulate what is meant by 'general advice'.

From 1 June 2013, when a property is advertised, landlords have to include their registration number in all adverts. [22]