The Team

New Private Landlord Registration Rules
12/07/2019
New Private Landlord Registration Rules

The Scottish Ministers have brought into force the grandly named “The Private Landlord Registration (Information) (Scotland) Regulations 2019. These regulations come into force at 9 o’clock o 16th September 2019. Private landlord registration is nothing new in Scotland – it’s been here for a number of years. However, the new regime is much more extensive, seeking a much wider range of information from the landlord.
 

Where the landlord is an individual

As in the current regime, if the landlord is an individual, his or her name and address is required. In addition, the following basic information is needed:

  • The landlord’s date of birth;
  • Whether the landlord has been known by any other name;
  • Details of any convictions or anti-social behaviour orders;
  • Details of all addresses the landlord has resided at for the 5 years prior to the date of the application;
  • If the property is in joint names, the details of the joint owner


Where the landlord is not an individual

  • Whether the landlord is a Charity or a Trust
  • If the landlord is a company, the company registration number


In all cases

  • The landlord’s email and contact number
  • Whether the landlord holds any license, accreditation or registration in relation to the letting of property in the UK – and whether any of these have been refused or revoked
  • Details of any court judgement or tribunal ruling against the landlord in relation to any of the following:
    • the Equal Pay Act 1970
    • the Sex Discrimination Act 1975
    • the Race Relations Act 1976
    • the Disability Discrimination Act 1995
    • the Equality Act 2010(
    • the Employment Equality (Sexual Orientation) Regulations 2003
    • the Employment Equality (Religion or Belief) Regulations 2003


In relation to the property

  • that it meets:
    • The Tolerable Standard
    • The Repairing standard
    • The Gas Safety (Installation and Use) Regulations and
    • If there is a private water supply meets the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017.
  • Confirmation the tenant has been provided a copy of the EPC
  • Confirmation a copy of the Gas Safe record has been provided to the tenant
  • Confirmation a copy of the Electrical Inspection Condition Report has been provided to the tenant
  • If the property is within a tenement, a declaration that:
    • There is buildings insurance on the property as per the requirements of the Tenements (Scotland) Act 2004 and
    • The applicant is aware of their obligations in relation to common repairs and maintenance of the tenement building.
  • If it is an HMO property confirmation that it is licensed
  • Confirmation the relevant legionella risk assessments have been carried out and details of any necessary steps taken as a result of the assessment.


In relation to the marketing and deposit

  • If the property had been advertised confirmation the advertisement included:
    • Details of the landlord’s registration number
    • The EPC indication
  • If the tenancy falls under the Tenancy Deposit Scheme (Scotland) Regulations 2011confirmation the deposit:
    • Has been lodged with an approved scheme
    • Or will be lodged within the relevant time frame.

As you can see, the registration requirements are now both extensive and comprehensive

Landlords registration lasts for 3 years and as and when the registration renewal comes round, we expect to see these new registration requirements apply.