Tel: 01292 612079
Fax: 01292 285191

Private Rented Sector

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'.

When do I need to register?

After 30th April 2006, you must be registered or have applied to register.

How do I go about registering?

Registration is simple. Register online at www.landlordregistrationscotland.gov.uk or contact South Ayrshire Council on 01292 614329.

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. For information on good practice in residential letting, go to www.betterrentingscotland.com or speak to Kevin Anderson, South Ayrshire Council on 01292 614329 about South Ayrshire Voluntary Accreditation Scheme for Private Landlords, or email savas@south-ayrshire.gov.uk for an application pack.

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:

Kevin Anderson
Regeneration & Housing
South Ayrshire Council
Holmston House
Holmston Road
Ayr, KA7 3BA

Tel: 01292 614329
Email: kevin.anderson@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.

How much will it cost?

The principal fee varies is fixed for all local authorities and is £55. An extra 20% of the principal fee will be payable on each property which you let. You may be eligible to pay a discounted fee if you fall into one of the following categories:

• Have an HMO licence
• Joint own a property with a family member
• Member of an accreditation scheme, such as SAVAS (the South Ayrshire Voluntary Accreditation Scheme)

More information:

Further information on landlord registration in your area:

Kevin Anderson
Regeneration & Housing
South Ayrshire Council
Holmston House
Holmston Road
Ayr, KA7 3BA

Tel: 01292 614329
Email:kevin.anderson@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…

• Renew registration

Where should I register?
www.landlordregistrationscotland.gov.uk or contact South Ayrshire Council on 01292 614329 - (a 10% discount applies to online registrations)

Application form for landlord registration (249KB)