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Private Landlord Registration

From April 2006 all private landlords must register with their local authority. The aim of landlord registration is to ensure that all landlords in Scotland are 'fit and proper' to be letting residential property. The requirement allows Local Authorities to remove disreputable landlords from the market, and protect tenants and their neighbours from the impact of antisocial behaviour and mismanaged property on the wider community.

The statutory requirement for landlords to register with the local authority is Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004.

Legionella and Legionnaire's Disease

Legionnaires Disease is potentially a fatal lung infection caused when individuals inhale legionella bacteria. The bacteria can exist in any man made water systems e.g. water storage systems, taps, pipework etc.

Building Standards for Carbon Monoxide Alarms

From 1 October 2013, Building Standards have changed with regard to the provision of carbon monoxide detection.

Landlord Registration Number

From 1 June 2013 landlords will have a duty to include certain information in advertisements.

Tenant Information Packs

From 1st May 2013 all landlords who issue an assured or short assured tenancy will have a legal duty to provide new tenants with a Tenant Information Pack, under Section 30A of the Housing (Scotland) Act 1988. This includes those tenancies where the landlord and tenant draw up a new lease.

Landlords remember:


Frequently Asked Questions

Who should register?

Exemptions

Which local authority should I register with?

You must register with each local authority in whose area you let property. You will receive a 50% Consecutive Area Discount on your landlord registration fee (not property fee) in each local authority you register when applied for at the same time online.

What information do I need to provide?

What happens if there are joint owners of properties?

All joint owners must register, you must nominate a 'lead' owner who will be the lead applicant for your registration.

The lead owner will pay the full fee and the other joint owners are free.

How do I register?

You can apply online at the National Registration website. By using this method you will receive a 10% discount on your registration fees. Please note fees must be paid electronically at the time of application.

OR

Download a copy of the Landlord Registration Application form (100 KB PDF)Opens in a new window or ask for a paper copy from the Landlord Registration department (see contact details below). You must send a cheque to cover your fees due with the application form.

Registration lasts for 3 years from the date of Approval by Angus Council (not the date of application).

What fees are due?

What is a resident landlord?

You are a resident landlord if you and your tenant both live in the same property and it is your only or main home. There must also be direct access (such as a doorway) between your part of the house and the tenant's. As a resident landlord, you do not have to register with our landlord registration scheme. If you are a resident landlord and need information or advice, contact Citizens Advice.

What are the penalties if I do not register?

A landlord who hasn't registered or applied for registration is committing a criminal offence if they let or try to let a residential property or communicate with a person about taking a lease or occupancy of a property. If these offences are reported to the Procurator Fiscal, a landlord could be subject to a criminal conviction and a fine of up to £50,000. These sanctions also apply where a landlord has been deregistered by the local authority but continues to let a residential property to a tenant.

Where a tenancy is already in place, the local authority can also issue a Rent Penalty Notice which suspends paying rent by the tenant until the landlord has registered.

If a landlord is judged not to be a 'fit and proper' person, they can be refused registration or deregistered which means that they would be committing a criminal offence if they continue to act as a landlord.

To check if a property is registered, visit the National Registration website. If the property does not appear to be registered please contact our Landlord Registration Team on 01307 476073.

Who has access to the information on the landlord register?

Members of the public will be able to view the register on the National Registration website. By entering any landlords' name the public will be able to see if the landlord is registered and by entering the address of a property that is let it will show the name and contact address for the landlord or agent for the property.

What should I do if my details change? (change of circumstances on web)

As a landlord you are responsible for maintaining your registration details and keeping them up to date (e.g. change of address, adding or deleting properties, appointing an agent, no longer practicing as a landlord). You can update your details by logging onto your registration online or by notifying the Private Landlord Registration Team (see contact details below).

What else must I do?

Inform your mortgage lender

If you do not have a buy to let mortgage you must tell your mortgage lender that you want to rent your property. If you don't, renting out the property may breech the terms of your loan. If you don't tell your mortgage lender they may "call up" the loan resulting in repossession of the property.

Buildings insurance

You will need buildings insurance. Insurers need to know who is living in your property to calculate the risk.

Accommodation

If your property is furnished you must make sure that any furniture and furnishings supplied are safe. For example, you must:

Deposits

You can ask your tenant for a deposit as security against things like unpaid utility bills or rent arrears. It could also cover loss or damage to the property and its contents (but not fair wear and tear). A deposit is usually the same as one months rent but it must not exceed two months rent.

To avoid a dispute with your tenant, you should give them a copy of an inventory. An inventory records the contents and their condition before the tenant moved in.

Under the Tenancy Deposit Schemes (Scotland) Regulations 2011, private landlords will have to pay tenant's deposits into a scheme. The scheme will protect tenants from landlords who unfairly withhold deposits and make sure that disputes are handled fairly.

Please see the following documents for more information:

Rent levels

There is no restriction on the rent you can negotiate with your tenant at the beginning of the tenancy. However, it should be fair and reasonable. As the landlord, you should consider the market and what the rent level should cover. You may also have to take account of restrictions on rent levels in relation to Rent Allowance, and Local Housing Allowance (LHA) for new tenancies starting after 7 April 2008.

Council Tax

If the property is not classed as a 'house of multiple occupation', your tenant will more than likely be legally responsible for paying Council Tax. In certain circumstances, you can include the Council Tax rate with your charge for rent. See Council Tax A-Z page for more information.

Check your tax implications

Landlords should check with HMRC or their accountant about how tax is calculated on rental income.

Change of circumstances

Please remember you must tell us if your contact details change and to add any new properties to your registration when you let them out.

Landlord Responsibilities

What are Tenancy Deposit Schemes?

Please see the following documents for more information:

What are the changes to the advertising of property to let introduced on 9 January 2013?

From 9 January 2013 there are new requirements for anyone advertising property for sale or to let. This includes advertisements in newspapers, magazines and on the internet.

Where a building is offered for sale or let, the owner of the building must ensure that any advertisement states the energy performance indicator for that building. The indicator will be a band letter from A - G and no adverts should be published without this indicator being shown.

There are slightly different requirements for advertisements by way of 'written particulars of a building or buildings' which will, for example, be advertisements within the windows of retail premises. In this case the energy performance indicator will be required in the advert if it includes at least two of the following:

  1. A photograph of the building or building unit or any room in the building or building unit;
  2. A floor plan of the building or building unit;
  3. The size of the rooms in the building or building unit; or
  4. The proposed rent.

The legislation which brought this into force is The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012.

The Scottish Government have issued guidance leaflets, for the purpose of providing practical advice on the application of this provision of the building regulations.

For further information about the new requirements, contact

Trading Standards Service
Angus Council
Environmental and Consumer Protection Division
12 Hill Terrace
Arbroath DD11 1AH

Tel: 01241 435600
Fax: 01241 431801

What is the Landlord Green Appliance scheme?

A grant of up to £500 is available to landlords who want to replace their old inefficient appliance with a new energy efficient one. The appliances eligible under this scheme are fridges, freezers, fridge-freezers, dishwashers and washing machines. The grant value differs slightly depending on the appliance being purchased and the energy rating. All appliances purchased need to have an A++ or higher energy rating.

Call your local Energy Saving Scotland advice centre on 0808 808 2282 to find out how to apply or visit the Energy Saving Trust's Landlord Green Appliance scheme page.

What If I have an empty property?

Your property may be empty for a number of reasons and if you have not already done so you should contact our Council Tax Unit to advise them of the circumstances. Most empty properties will be entitled to a Council Tax Discount however new legislative changes mean that we can remove the empty property discount or set a Council Tax increase of up to 100% on certain properties that have been empty for 1 year or more.

If you have a property that has been empty for 6 months or more then you may find some useful information on our Empty Homes page, ranging from advice to funding opportunities to help bring it back into use.

Who do I contact for further information?

Private Landlord Registration Officer

Communities
William Wallace House
Orchardbank
Forfar DD8 1WH

Tel: 01307 476073
Email: landlord.registration@angus.gov.uk

Information about private rented housing for landlords and tenants is available on the Renting Scotland website.

Service Page: privatelandlordregistration.htm
Service Details Last Reviewed : 30 April 2013

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