Regulating the private sector
Various measures regulate the private rented sector to ensure letting agents, landlords and properties meet certain standards
Part 8 of the Antisocial Behaviour etc (Scotland) Act 2004 states that from April 2006, it is an offence for the owner of a house to let it unless they are registered with the local authority.
To be placed on the register, the owner and any agent they use, must be considered a fit and proper person to let residential property. This will be a judgement by the local authority for individual landlords and the Scottish Government for letting agents, 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 letting agents and avoid duplication of processes where a landlord operates in more than one area or holds a House in Multiple Occupation (HMO) licence.
Our frequently asked questions document is currently beng updated, in the meantime if you have any questions in relation to this please contact the Private Sector Housing Unit on the details given below.
Landlord registration process
Individual landlords should register online at Landlord Registration Scotland. Please note you must log out of the Landlord Registration Scotland website when you are finished.
We are currently updating our Landlord Registration Application to include details of the new increased fee structure. If you require a copy of the application then please contact this office. The application should be available to download in the next few weeks.
Landlord registration fee increase
Fees for landlord registration will increase on 1 April 2020. The fees will be £66 application fee (currently £65), £15 property fee (no change) and £132 late application fee (currently £130 (payable if a landlord fails to renew or make a new application on time). For further information please see the Landlord Registration Scotland Fee Changes on the Scottish Government's website.
Landlords registration prescribed information
Prescribed information was introduced on 16 September 2019. When a landlord submits a new or renewal application they will be required to be more explicit about their compliance with existing legal responsibilities in relation to property management and condition. For further information on this please see prescribed information on the Scottish Government's website.
Regulation and registration of letting agents
As of 31 January 2018 all letting agents operating in Scotland must comply with the Letting Agent Code of Practice. The Scottish Letting Agent Register is now open for applications from letting agents. All letting agents in Scotland must have applied to register with Scottish Ministers before 1 October 2018.
Further information on letting agent registration, including how to apply, is available at letting agent registration on the Scottish Government's website.