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Landlord Registration
05 August 2010
Landlord Registration Awareness Campaign

Index:
Landlord
registration is a legal requirement
Since April 2006 it has been a legal
requirement for private landlords to register with their local
authority. To date there are around 30,000 landlords and agents on
Edinburgh's public register. If you are thinking of renting
privately it might be a good idea to check the public register to
find out if your prospective landlord has registered.
The
public register
The public register is a database of
the private landlords who have registered with the Council. The
information it contains includes the address of the let property,
the landlord's name and their contact address, or the address of
their letting agent if they use one. Registration is a legal
requirement and comes under the Antisocial Behaviour (etc) Scotland
Act 2004, Part 8. In order to be registered the landlord must be
assessed by the Council as a 'fit and proper person'. They must
declare criminal convictions and concerns about a landlord reported
by the public, other Council Departments and external agencies are
taken into account.
How to check
if a landlord is registered
You can check if a landlord is
registered by viewing the online register at www.landlordregistrationscotland.gov.uk.
Detailed guidance on using the website
can be found in the leaflet
'Do you need to contact a private landlord?' (pdf
format).
Search produces 'No
results'
If you search the online register and
see 'no results' against the let property then the landlord has
either made an application and it is being processed, or an
application has not been made.
In Edinburgh you can contact Landlord
Registration on 0131 469 5293 or by emailing
landlordregistration@edinburgh.gov.uk and they will let you know if
an application has been made. Alternatively write to: The City of
Edinburgh Council, Landlord Registration, 500 Gorgie Road,
Edinburgh, EH11 3YJ, or contact EHAP for assistance.
What
happens if a landlord is not registered?
If a landlord is neither registered,
nor in the process of registering, it is an offence for them to let
out a property. Instructions on how to register are set out in the
leaflet 'How do I register?' (pdf format) or you can
find further information online at www.landlordregistrationscotland.gov.uk. A
landlord can only be registered if they are assessed by the Council
to be a 'fit and proper person'.
What
does it mean to be a 'fit and proper person'?
Local Authorities in deciding whether
an applicant is a fit and proper person to act as a landlord must
consider, among other things, whether the applicant has
"contravened any provision of the law relating to housing, or
landlord and tenant law".
A brief list of some of the key issues
is set out below. If you require further clarification check
www.betterrentingscotland.com,
contact the Council, or seek advice from EHAP or your
solicitor. The exact obligations depend on the type of
tenancy or occupancy arrangement in place.
- The tenant must be given details of the landlord's name and
address. Where an assured or short assured tenancy exists, a
written agreement must be provided.
- If the tenant does not leave when they are asked to, the
landlord must use the correct legal procedures for seeking
possession of the accommodation. Ultimately the landlord may
require a Court Order. Under the Rent (Scotland) Act 1984, it
is a criminal offence to evict a tenant unlawfully, or to use
harassment to try to make them leave.
- Various rules apply to the charging and handling of rents and
deposits:
- No charge must be made for a person to have their name put on a
list for accommodation or for drawing up or copying the tenancy
agreement.
- If a deposit is required, it must be no more than the
equivalent of two months' rent.
- If rent is paid weekly, the landlord must issue a rent book and
enter a receipt for each weekly payment.
- The tenant cannot be required to pay rent before the start of
the rental period to which it relates.
- Proper procedures must be followed before changing the amount
of rent to be charged.
- The landlord must keep the fabric of the accommodation wind and
watertight and generally fit for human habitation. The
landlord must make sure that water, electrical and gas
installations and appliances for heating the house and water are
kept in good repair.
- The landlord must ensure gas fittings and flues are maintained
in a safe condition, an annual safety check is carried out on each
appliance, all installation, maintenance and safety checks are
carried out by a gas installer registered on the Gas Safe Register,
records of each safety check are kept for at least two years, and a
copy of the gas safety certificate is issued to the existing
tenants within 28 days of the check being completed or to any new
tenant before they move in. (Gas Safety (Installation and Use)
Regulations 1998.
- The landlord has a duty to make sure that the electrical
installations and appliances provided as part of the let are safe
to use (Electrical Equipment (Safety) Regulations 1994).
- All furniture and furnishings provided by the landlord must
comply with the Furniture and Furnishings (Fire) (Safety)
Regulations 1988.
- The landlord has a requirement that "the house has satisfactory
provision for detecting fires and for giving warning in the event
of fire or suspected fire". An existing smoke alarm may be
mains or battery powered, but a smoke alarm installed from
3rd September 2007 onwards requires a mains powered
smoke detector.
- The landlord has a duty to provide an Energy Performance
Certificate, and must provide the tenants with a copy by making
this a fixture within the building. European Directive
introduced in Scotland on 1st May 2007.
- The landlord must comply with any statutory notices regarding
the property.
- The owner of an HMO (House in Multiple Occupation) must hold a
licence from the local authority and must comply with the
conditions of that licence.
- The landlord must not practise unlawful discrimination in, or
in connection with, the carrying on of any business.