Organization : Landlord Registration Scotland
Type of Facility : Landlord Registration Central Online System For Scotland
Country: Scotland
Website : https://www.landlordregistrationscotland.gov.uk/
Landlord Registration Central Online System For Scotland:
Through this website, landlords and agents can apply for registration with all local authorities in Scotland, track their applications and inform local authorities of any changes to their details.
Related : Searching For Registered Property or Landlord Scotland : www.statusin.org/9244.html
Members of the public can search the registers of all local authorities to find out whether a person or organisation is registered, or to get contact details for a particular rented property.
Landlord Registration:
Under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004, almost all private landlords must apply for registration with their local authority (see “Who has to register”). The local authority must be satisfied that they are fit and proper persons to let property, before registering them.
The system will make sure that all landlords meet minimum standards and will remove the worst landlords from the sector. It will allow tenants and neighbours to identify and contact landlords of private rented property, and provide information on the scale and distribution of the sector in Scotland for the first time.
Who has to Register:
Anyone who owns residential property in Scotland which is let must apply to register with the local authority for the area where the property is located, unless they are covered by one of the exemptions below. It is the owner of the property who must register. In some cases this may not be the “landlord” who has the letting agreement with the occupier.
Owners must declare any agents that they use to manage their property. An agent may be a professional such as a letting agent or solicitor, or a friend or relative who looks after the property, arranges repairs, collects rents and so on. Agents may also register in their own right if they wish. If an agent acts in relation to more than 2 properties, it is cheaper for them to register separately.
You can also register if you do not own any property, to check that you will be considered fit and proper before you invest in property to let.
In some cases the owner of a property leases it to an organisation or person who then acts as the “landlord” for the occupiers. For example, a private owner may lease a house to a company which lets it out to its employees, or to a charity which lets it to people in need. The lessee may also use an agent to manage the tenancy. In these cases the owner needs to register and the “landlord” is treated as an agent. The agent managing the tenancy must also be declared, this will also include “tied” property and sublet property.
Exemptions:
Exemptions apply to properties rather than to people. If all of a landlord’s properties in a particular local authority area are covered by one or more of the exemptions, he or she does not need to register with that authority. If some of his or her properties are exempt, the other properties must still be registered. A property is exempt from registration if it is:
** the only or main residence of the landlord, where there are not more than 2 lodgers
** let under an agricultural tenancy and occupied by the agricultural tenant (please note that any properties that you let WILL require to be registered – including tied property, unless specifically exempt e.g. holiday accommodation)
** let under a crofting tenancy
** occupied under a liferent
** used for holiday lets only
** regulated by the Care Commission, in certain categories
** owned by a religious organisation and occupied by a leader or preacher of that faith
** occupied only by members of a religious order
** let to members of the landlord’s family only
** held by an executor for a period less than 6 months
** possessed by a heritable creditor for a period less than 6 months
** owned by a person acting as a insolvency practitioner for a period less than 6 months, unless the appointment is made by the Accountant in Bankruptcy. In that case, crown immunity applies and there is a permanent exemption from registration.
** owned by a local authority or Registered Social Landlord
If you are unsure whether an exemption applies to you, please contact the local authority where your property is located for further advice.
Properties subject to an HMO licence also have to be in included on the register, but licensed landlords will be automatically entered on the register by the licensing authority. Owners must declare any additional non-HMO properties they own.
When do Landlords have to Register:
The requirement to be registered came into effect on 30 April 2006. It is now an offence for anyone to own residential property in Scotland which is let, if they are not registered with the relevant local authority, or have not made a valid application to register, unless they are covered by an exemption.
It is not an offence to let property if you have submitted a valid application for registration which has not yet been processed by the local authority. An application is valid if you have completed all the required information accurately, and paid the appropriate fee.
If you are searching to see if a landlord or property is registered, please be aware that only approved registrations appear on the register. It is likely to take local authorities some time to process all the applications they receive initially.
Registration lasts for 3 years from the date the application is approved by the local authority.