From April 2006, under The Antisocial Behaviour etc. (Scotland) Act 2004 it has been a legal requirement that all private landlords register with the Local Authority in which they are renting property. The aim of registration is to improve standards for the sector and remove the worst landlords. Legal obligations as a landlord.
You must register your own details and details of any property you are letting. Failure to register is a criminal offence and will disqualify an individual, organisation and/or agency from acting as a landlord. Please note, registration is NOT considered valid until full payment is received.
You can apply online by visiting the Landlord Registration website. By choosing this method you will receive a 10% discount on your registration fees. Please note fees are payable at the time of application and must be made electronically.
Before making your online application you should read the 'ABOUT' Section on the National Website as it provides all relevant details on the Registration Scheme as well as guidelines on how to use the website. Please keep the user name and password the system emails to you in a safe place as you will be required to use it in order to log into your registration details.
Download a copy of the Landlord Registration Application Form. Alternatively you can request a paper application by contacting the Environmental Health Department. Please note: If choosing this application method you must include a cheque for payment of the registration fees together with the paper application form.
IMPORTANT! Please do not use the address of the property you are intending to rent out as your contact address. This will result in any correspondence we send to you being returned marked addressee has gone away.
Once your registration is approved, it will be valid for three years from the approval date. You will receive an approval letter. The approval letter is the most important document you will receive as it is proof you hold a valid registration. It must be filed in a safe place together with your user credentials for future reference. If you use an agent to manage your property you should provide them with a copy of the approval letter for their records. The registration number is purely a reference number and NOT proof of valid registration.
In accordance with the Legislation for the Regulation of Private Landlords under the Antisocial Behaviour etc. (Scotland) Act 2004 all landlords have a legal obligation and responsibility to maintain their registration details and keep them current at all times. They must also notify the Local Authority (in writing or by email) of any change in circumstance (e.g. change of address, adding or deleting properties, no longer practicing as a landlord). Failure to do so is an offence under the act.
It is the Local Authority's legal obligation to maintain the Register and to provide advice and assistance relevant to the registration scheme. It is not the Local Authority's responsibility to maintain landlords' registration details.
Please ensure you keep details of your expiry date safe as you will not be sent a reminder. You are required to renew your registration on or before the expiry date in order to enable you to continue letting legally; failure to renew whilst still letting properties will lead to non-registration and sanctions being imposed.
The system generates a Late Application Fee of £110 automatically at the expiry date. You can go online at Landlord Registration and renew your registration up to 3 months in advance of the expiry date or request a paper renewal by contacting us.
You are required by legislation to inform the Local Authorities, to which you have applied, of any changes to your registration details particularly the sale or purchase of rental properties, your contact address, telephone number and e-mail address, if applicable. You can make these changes at Landlord Registration using your username and password. If you cannot remember these please contact us.
As a landlord you have legal obligations in respect of the following:
Since 4 January 2009 Energy Performance Certificates are required for all new tenancies in Scotland. An EPC will provide information on the energy efficiency of a property and must be carried out by a qualified EPC surveyor.
The Scottish Government has published an EPC information sheet for private landlords giving current available information on EPCs for the private rented market.
If your property has Gas including Calor Gas, Natural Gas or similar, you are legally required to have a safety check carried out by a Gas Safe engineer annually. The tenant must receive a copy of the Landlord's Gas Safety Certificate within 28 days of the check or before they move in for new tenants. You must keep these records for 2 years.
Information on gas safety can be found at www.gassaferegister.co.uk
All electrical works must be carried out by a "competent person". A competent person is defined as a person who holds current membership of an accredited registration scheme operated by a recognised professional body, such as the UKAS approved schemes operated by the NICEIC and SELECT(i.e. a registered electrician. Such electricians work to the UK national safety standard BS 7671(otherwise known as the IEE Wiring Regulations).
It is strongly recommended that a Periodic Inspection Report(PIR)is obtained every 5 years and that you carry out a visual check of your system at every change of occupancy.
Any portable appliances provided as part of a furnished let should be Portable Appliance Tested(PAT)on an annual basis. Following this advice and taking any action indicated as necessary should help to keep your tenants and your property safe.
You are required to keep all electrics, including hard wiring in a safe and adequate condition.
As a landlord you are required to make satisfactory provision for the detection and warning of fires. This means that you must have at least one functioning smoke alarm installed on each floor of your property. Actual requirements may vary dependant on property size. Multiple alarms should be interlinked and any alarms or replacement alarms fitted after 3 September 2007 must be mains powered with battery backups. For further information on the satisfactory provision for detecting and warning of fires please contact us or view the Advice Pack for Landlords.
If your property is a furnished let then you must also ensure that your furniture is fire resistant and conforms to current Regulations.
Since 3 September 2007, there have been important changes in the laws covering the responsibilities of private landlords to carry out repairs.
From that date, private landlords have a duty to ensure that the houses they rent to tenants meet the new 'repairing standard' which is set out in section 13(1) of the Housing (Scotland) Act 2006 (the 2006 Act). Tenants will be able to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a ruling that their landlord has failed to meet that duty.
Before your tenant can submit an application to the First-tier Tribunal for Scotland (Housing and Property Chamber), he or she must have notified you that the work needs to be carried out.
Your tenant must also give you a reasonable time in which to carry out the repairs. How much time is 'reasonable' will depend upon the nature of the work needing done and all the circumstances of the case.
If you fail to meet the duty to ensure that the house meets the repairing standard, a Private Rented Housing Committee has the power to make an order requiring you to carry out the work. It is a criminal offence to fail to comply with that order without reasonable excuse.
It is also a criminal offence to re-let the property while the order is in force, unless the Committee agree to this. If you fail to comply with the order, the Committee can also make a further order restricting the amount of rent your tenant is legally required to pay.
To find out more about your responsibilities under the 2006 Act, you can download an advice pack and other leaflets from the First-tier Tribunal for Scotland (Housing and Property Chamber) website or obtain hard copies of these by contacting the First-tier Tribunal for Scotland (Housing and Property Chamber).
If you have a complaint about private housing disrepair, you can report this using the Environmental Health issues form.