Housing, Policy and Strategy
Private Rented Sector
Private Landlord Registration In South Ayrshire
From 30th April 2006, all private landlords letting properties in Scotland must
have applied for registration in the register of landlords.
The aim of landlord registration is to ensure that all private landlords in Scotland
are 'fit and proper' to be letting residential property. The requirement will help
local authorities to remove disreputable landlords from the market and protect tenants
and their neighbours from the impact of antisocial behaviour and mismanaged property
on the wider community.
Do I Need To Register?
I am a landlord letting private rented property.
You will have to register if you are a private landlord letting residential property
in Scotland, unless one or more of the exemptions covers all the houses you let.
Letting part of your own home is exempt as is a house let to the tenant of an agricultural
holding or croft. There are some other minor exemptions. If you are just entering
the market, you should register before letting property.
I have an HMO licence - do I still need to register?
If you let a House in Multiple Occupation (HMO), you will have already been found
to be 'fit and proper' by your local authority and paid for a licence. You and your
properties will still need to be on the register, but this will happen automatically
and you will not need to pay. However, if you let any non-HMO properties, you must
register these and pay a fee.
I am an accredited landlord - do I still have
to register?
If you are a member of an accreditation scheme which involves a 'fit and proper
to be letting houses' test, you may be registered automatically with no fee. Speak
to your local authority to see if this applies to you.
I am an agent managing private rented property
- do I need to register?
Although you are not obliged by law to register, you are encouraged to do so. In
any case, the landlord whose properties you manage will need to list you on his
or her application, and the local authority will check that you are fit and proper
to be acting as a landlord. You may wish to register independently in order to be
able to market yourself to clients as 'fit and proper'.
Getting Registered
How do I go about registering?
Registration is simple. Register online at www.landlordregistrationscotland.gov.uk
or contact South Ayrshire Council on 01292 612940 or by completing the
application form and returning it to :
Margaret Murray,
Community Care and Housing,
Newton House,
30 Green Street Lane,
Ayr,
KA8 8BH
with a cheque, payable to South Ayrshire Council, for the relevant fee.
Which Local Authority should I register with?
You must register with each local authority in whose area you let property. If you
own properties in more than one area, you will be able to apply to register in all
authorities in one application, and this will reduce the total fee that you will
have to pay.
What information will I need to provide on applying?
- Your name, address, date of birth and any other names by which you are known
- The addresses of any properties you let
- The name and address of any agent you use
- A contact address
- Information on any relevant unspent convictions or court/tribunal judgements
- A declaration that you will comply with all relevant laws when letting property
What does 'fit and proper' mean?
To be registered, landlords must be 'fit and proper' to let residential property.
Local Authorities will make use of any relevant information available to them to
reach a decision on whether you are 'fit and proper'. They must take account of
any evidence of:
- Fraud, dishonesty, violence or drugs
- Unlawful discrimination
- Breaches of law relating to housing
- Failure to act in relation to antisocial behaviour
But the decision is a judgement in the light of the information available - it is
not automatic.
What if it is decided that I'm not 'fit and proper'?
You will not be allowed to register but the local authority may advise you on how
to improve so that you can be registered. If you are neither registered nor in the
process of registering, it is an offence to let a property. There is a right of
appeal.
How much of my information will members of the public be able to see online?
Members of the public will be able to view the register on the Internet. By entering
your name, they will be able to see whether you are registered. By entering the
address of one of your properties they will be able to see your name and the contact
address for you or your agent.
I jointly own a property with someone else - how will that work?
All joint owners must register. If the other joint owners are members
of your family, you should nominate one of your number as the 'lead owner'. The
lead owner will pay the full fee; the other joint owners will pay a discounted fee.
How will I benefit from registration?
Good landlords have nothing to fear from registration. Registration will help local
authorities to remove disreputable landlords from the market. This will remove the
unfair competition of landlords who provide poor housing or inadequate management.
Where should I register?
www.landlordregistrationscotland.gov.uk - a 10% discount
applies to online registrations
OR by contacting:
Margaret Murray,
Community Care and Housing,
Newton House,
30 Green Street Lane,
Ayr,
KA8 8BH
Tel: 01292 612940
Email: margaret.murray@south-ayrshire.gov.uk
When should I register?
After 30th April 2006, if you are a landlord, you must be registered or have applied
to register - if not, you will be committing and offence.
More information:
Further information on landlord registration in your area:
Margaret Murray,
Community Care and Housing,
Newton House,
30 Green Street Lane,
Ayr,
KA8 8BH
Tel: 01292 612940
Email: margaret.murray@south-ayrshire.gov.uk
Further information on landlord registration across Scotland: www.betterrentingscotland.com
For more information on applying online contact www.landlordregistrationscotland.gov.uk
The Landlord Registration process
- Complete the registration form
- Pay the appropriate fee
- Reply to any queries from South Ayrshire Council that might arise in connection
with your application
- Sign and return the printed application details that you will receive from South
Ayrshire Council
- Receive confirmation of registration from South Ayrshire Council, which is valid
for 3 years
- Notify South Ayrshire Council of any changes to your rental property portfolio as
they occur
Three years later…
Where should I register?
www.landlordregistrationscotland.gov.uk or contact South Ayrshire Council
on 01292 612940 - (a 10% discount applies to online registrations)