Private Landlords
Registration of Landlords
WHAT YOU NEED TO KNOW ………………
Part 8 of The Antisocial Behaviour etc. (Scotland) Act 2004 states that
from April 2006, it is an affiance for the owner of a house to let it
unless they are registered with the Local Authority (LA).
To be placed on the LA's register, the owner and any agent they use,
must be considered a 'fit and proper' person to let residential property.
This will be a judgment by the LA in light of the balance of relevant
information.
The houses being let will also require to be listed but they do not need
to be inspected and the register does not include information on individual
tenancies.
The process has been designed to be as easy as possible to minimise the
impact on good landlords and avoid duplication of processes where a landlord
operates in more than one area, holds an HMO license or is accredited
under a suitable voluntary scheme.
Where can I Register?
You can register online at www.landlordregistrationscotland.gov.uk
(a 10% discount applies to online registration)
Contact East Ayrshire Council's
Private Sector Housing Unit
Or
Fill in the application below and send to East Ayrshire Council's Private
Sector Unit, Department of Neighbourhood Services, Housing Service, John
Dickie St, Kilmarnock, KA1 1BY
Landlord Registration Application Form and leaflet
Click here to download the Landlords Registration application form
Click here to down load the Landlords Registration leaflet
Further Information
Managing Antisocial Behaviour
Landlords Registration - Information for Tenants
Frequently asked questions on Registration of Private Landlords and Antisocial Behaviour Notice
Some Frequently asked questions on registration.
What is a Lead Authority?
It appears that there is some confusion about the concept of "lead
authority". This is simply an administrative convenience for the
initial stage of application.
It should be made absolutely clear to landlords that they have to register
in every authority where they have property. If the landlord applies on
paper he or she has to apply separately to each authority. If the landlord
applies online, the system will automatically identify a "lead authority".
This authority will get the full principal fee, and will send out a copy
of the landlord's details, listing all properties, to sign and return
as written confirmation of details and of the formal declaration. That
is the end of the "lead authority" role. After that each authority
makes its own decisions, sends separate notifications etc, dealing with
the property in its area.
What if my application is late?
There is an additional fee for late applications, as indicated in the
guidance, after you have issued two separate requests for an application
to be made. The additional fee is twice the principal fee - i.e. a further
£110, over and above the registration fee of £55. Internet
and charity discounts apply to the total fee including any late application
fee.
What is Crown property?
Crown property is exempt (page 5 of guidance). Our understanding is that
this means property belonging to the Crown as a constitutional entity,
rather than the personal property of the Queen but we are seeking to clarify
this. If you have such properties in your area your council may have already
investigated this point in other contexts, in which case it would be helpful
to hear from you.
The Forestry Commission has been in contact. They are apparently treated
as falling within the definition of the Crown for other purposes. However,
it looks as if they are likely to register voluntarily in any case.
What about Agricultural tenants?
In respect of agricultural holdings, the precise meaning of the regulations
and the Act has been queried and we are in active discussion on this point.
The intention is that the tenant farmer's own home should be excluded
from the owner's registration, but that any other house that the tenant
farmer sub-lets to someone who is not part of his family should be specified
in the application for registration. The person who registers is the person
who owns the house in terms of the title deeds, whether that house is
provided on a tied basis, provided rent free to former employees or their
families or let under normal residential practices. In this situation
the tenant farmer will be deemed to be the owner's agent and will require
to be assessed by the local authority as 'fit and proper' to be letting
houses. The simplest way to do this is for the farmer to apply to be registered
as an agent.
Because of the query we have received, you may wish to advise anyone
enquiring on this point to await clarification. We will provide that clarification
as soon as possible.
What about Company employees, resident factors etc.
This amends the guidance on page 11 in the light of further consideration
of the legal position.
A company, partnership, trust etc. registers as a 'legal person'. Someone
who is an employee, director or partner of that body is regarded as an
integral part of the 'legal person'. The company etc. is liable for the
actions of its employees etc. on its behalf. So an employee, director
or partner does not have to be declared as an agent for the purposes of
registration, and does not have to be assessed as fit and proper as an
agent.
However, because that employee, director or partner is an integral part
of the 'legal person', information about such an individual is clearly
relevant material for the purposes of the fit and proper person test.
The local authority may well choose to ask for the names of any employees
etc. who will undertake day-to-day management on behalf of the employer,
and to ask further information about those individuals if necessary, such
as relevant convictions. Refusal to provide such information could also
be a relevant consideration.
A resident factor is simply a particular example of an employee, director
or partner or could be part of a separate business providing agency services
under a contract. A resident factor should not be dealt with as a separate
category, but as an employee etc. or agent according to the particular
basis on which that factor is carrying out management on behalf of the
owner.
Is there a Fee for HMO and accredited properties?
The discount for HMOs has been clarified as including the HMO: the licensed
landlord does not pay a fee for registering or a property fee for a licensed
HMO. He does have to pay a property fee for other properties that he lets
in the area. The same applies to accredited properties where the accreditation
scheme is approved by the local authority and it accredits individual
properties.
Can I make an On-line payment for registration fees?
There have been problems in establishing the banking links between on-line
payment and the receipt of funds by the Scottish Executive for distribution
to local authorities. Apart from delaying the 'go-live' date this means
that we have had to adopt a solution which can only accept debit card
payments, not credit card payments. The system will make this clear to
users.
In practice, we think this will not have a large impact. About 75% of
landlords let one house and so are likely to be private individuals who
are also likely to have a debit card. Businesses that have a card usually
have only a credit card, but the feedback we are getting suggests that
most businesses will want an invoice anyway for their records.
On the public search on the web site - can someone search on a landlords
name to see the list of properties they own. Or is the list based on a property
search?
If a member of the public searches for a landlord's name and address they
will see if he is registered or not. If the search for a property address
they will see the landlord's name and contact address and the details of
any agent he uses.
Individual manages his sons properties as his son and his wife are abroad.
He manages the day-to-day running of the property. Do all need to register
or just the one who is managing them? (The individual has power of attorney
for his sons properties)
The owner must register and the agent must be listed on his application
(effectively then, both register).
The owner of a property is in a nursing home and the son has power
of attorney, he manages the property on the owners behalf who registers?
The understanding is that power of attorney can be used for defined purposes
only. The son should therefore apply on behalf of the owner if his power
of attorney allows him to do so, but it would still be the owner who would
register. The son would then appear to be the agent for the property (and
if he is an agent for that property alone his fee would get the 50% discount).
Please contact your solicitor in the first instance to ensure you have
power of attorney to do this.
If the property is managed by a Trust (not a charitable trust) who should
register - the lawyer as administrator or someone else e.g. one of the
trustees. Also clarify a Ltd Company - one person only registers?
It is the legal person who registers. A company is a legal person. The
company will be tested as fit and proper. The company will nominate a
person who is authorised to sign on behalf of the company - it is for
the company to decide who this nominated person will be. We are awaiting
clarification from our lawyers on the situation of Trusts.
Do landlords / agents need to have their home address on the site -
can they use their office address?
Please note that formal communications between the local authority and
registered persons/companies should go to the home or business address.
The "contact address" relates to each property, and is the address
to be listed on the public register. If an owner uses a professional agency,
the contact address is most likely to be the agency, but confirmation
of the owner's details, notification of registration or refusal etc, should
go to the owner directly.
How secure is the site?
The Scottish Executive has made the following statement to cover this
question:
"The Scottish Executive is conscious of the sensitivity of the information
that will be held in the Landlord Registration central online system.
We have taken appropriate measures to ensure the security of the data,
while balancing this with the requirement to make the system as easy to
use as possible.
The site uses SSL with 128-bit encryption. All passwords and security
settings are stored encrypted. The system insists on strong passwords
(including upper and lower case letters and at least one number), and
passwords are never displayed in plain text on the screen. The system
uses role-based security on a command-by-command basis. This ensures that
all actions must be authorised and all data is restricted to users with
appropriate permissions. The webserver and database server each run under
separate accounts with strictly limited permissions, so the servers cannot
be compromised.
The system has been tested under the CHECK framework to identify and
address any security risks."
Can landlords have a c/o address put on the site?Can they put their
agents address? (Obviously they would register in their own address but
it is what is displayed for public use that concerns them).
The address they use must be one at which they are confident they will
receive correspondence. Please note that formal communications between
the local authority and registered persons/companies should go to the
home or business address. The "contact address" relates to each
property, and is the address to be listed on the public register. If an
owner uses a professional agency, the contact address is most likely to
be the agency, but confirmation of the owner's details, notification of
registration or refusal etc, should go to the owner directly.
What if the landlord is abroad and the property is the only one he/she
owns?
If the property is let out for the exclusive use of the tenants whilst
the owner is abroad, that would be registrable. But if the landlord still
uses the property when back on leave for example, could come in and take
a shower etc., that would count as his main residence and he would therefore
be exempt. It is for the authority to decide what exactly the position
is based on the particular details of that situation.
If landlord is refused registration will tenant be guaranteed the length
of their tenancy agreement?
The tenant's rights under the tenancy agreement and relevant legislation
are unaffected by a refusal of registration. If the local authority decides
to serve a notice as to rent liability, that will affect the rental provisions
in the tenancy agreement but nothing else. To terminate an assured tenancy
(or a short assured tenancy other than at the end of a tenancy period)
the landlord has to demonstrate one of the grounds in the Rent Acts to
the court. That will not be affected by a refusal of registration. Such
a refusal is not an admissible ground for termination.
 For Further
information contact the Private
Sector Housing Unit
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What is a Lead Authority?
