Private Landlord Registration

Yes

Contact Details and How to Apply  |  Eligibility Criteria  |  Fees  |  Guidance

Summary

If you are a private landlord letting residential property in Scotland, you are required to register with the Local Authority where the let houses are located unless all the houses you let are covered by one or more of the exemptions. 

The local authority must be satisfied that you are a fit and proper person to let property before they register you.

The system is designed to make sure all landlords meet minimum standards and can 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 let properties in Scotland.

Once approved the registration lasts for 3 years.

Contact Details and how to apply

You can apply for Private Landlord Registration Online. There is a 10% discount on the registration fee and property fee for online applications as well as a 50% discount on the registration fee when applying to two or more local authorities for registration.

You can also download the application forms at the bottom of this page.

Please note that once you have made your application you must ensure that your details are kept up to date. If any of the details provided with regard to this application change it is your responsibility to notify the Private Landlord Registration Team, Regulatory Services in the Local Authorities to which you have applied. This can be done

  • on the registration website ;
  • in writing to the Private Landlord Registration Team of the Local Authority; or
  • via the Council Tax Change of Address Form on the Argyll and Bute Council Website.

Failure to notify a change constitutes an offence under the Act. 

To request a paper application form, if you have a query or if you require assistance please contact Private Landlord Registration.

Guidance is available below and a help button is available throughout www.landlordregistrationscotland.gov.uk. You can also contact the Private Landlord Registration Team for assistance.

 

Eligibility Criteria

All private landlords (not covered by the exemptions) including any joint owners who are not actively involved in managing the property must be registered with the Local Authority.

The following exemptions apply:-

  • Where the property is let to a close family member.  This is defined in the Housing (Scotland) Act 2001 and includes parents, grandparents, children, nieces and nephews.
  • Life-rents.  This is a specific legal arrangement whereby a person does not own a property but retains a right to use it for the rest of their life.
  • Houses used for holiday let provided all of the following criteria are met 
    • The accommodation must be available for commercial letting to the public generally as holiday accommodation for not less than 140 days
    • The periods for which it is let must amount in aggregate to at least 70 days
    • For at least 7 months the property must not be in the same occupancy for more than 31 days
  • Religious orders and religious organisations (typically convents, monasteries, church manses).
  • Accommodation with care.  This includes properties where the Care Commission are responsible for regulation – namely, care homes and school care services. 
  • Houses subject to a Control Order under Section 178 of the Housing (Scotland) Act 1987.
  • Certain agricultural, small holding and crofting tenancies. Under the Agricultural Holding (Scotland) Act 1991/2003, Crofters (Scotland) Act 1993 and Small Landholders (Scotland) Act 1886/1931.  All crofts are exempt, however registration applies to tied housing and housing offered as part of employment.
  • Resident landlords where lodgers are living with the landlord in his/her principal or only home under tenancy or occupancy arrangements.  Any resident with three lodgers requires a House in Multiple Occupation licence from the Local Authority.   Please contact this office for further details.
  • Transitory ownership, where ownership of the house is short-term and part of a transitory process.  This includes properties held by a lender regulated by the Financial Services Authority as a result of repossession to realise a debt, or properties held by an executor for up to 6 months, dealing with a deceased person’s estate.
  • 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 an 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 

NOTE- Registration applies to tied housing, housing offered as part of employment, accommodation provided by religious orders as temporary accommodation or respite care for persons not in the order.

Regulation Summary

Registration is required under Part 8 of the Anti Social Behaviour Etc (Scotland) Act 2004.

Application Evaluation Process

The application is decided by the Local Authority and typically takes up to 4 weeks once all of the relevant information has been submitted.  We cannot start to consider your application until we have received a completed, signed form, correct payment and a copy of the Landlord’s Gas Safety Certificate, if applicable.

Will Tacit Consent Apply?

No, the registration scheme is not automatic and landlords will require to be “fit and proper”.  This takes into consideration any offences in respect of fraud, dishonesty, violence or drugs, unlawful discrimination, breaches of housing law and antisocial behaviour. 

Once approved, you will receive written confirmation including the expiry date of your registration.  The registration last for 3 years from the date of approval.

Other Evidence

You will also be required to provide a copy of the current landlord Gas Safety Certificate if there is gas in the let property.  The gas check must be carried out by a Gas Safe Registered Engineer see http://www.gassaferegister.co.uk/ for a list of local engineers.

For tenancies commencing from 4 January 2009, we will also need to see a copy of the Energy Performance Certificate.  A list of approved organisations is provided on the Scottish Government website or you can contact a local surveyor.

We may also request further information and you should reply promptly to any request you receive.

Fees

The fees are as follows:-

Type of ApplicationFee
Registration of landlord (lead owner) or Agent (if not already registered)£55 *
Registration of Each Property £11 * per property
Registration of joint owners (if lead owner has paid fee) £0 (Additional Fees for late applications may also be applicable)
Properties in more than one Local Authority
  1. All applications/renewals made online and at same time
£27.50 * for each application (plus property fee – see above)
  1. Applications made at different times online.
£55* for first application, and£27.50 * for each subsequent application (plus property fees – see above)
  1. Renewals made at different times
£27.50* for each renewal (plus property fees)
Registered Charity100% discount
Additional fees (these apply in addition to those above and are not subject to any discount)
  1. Applications made after Local Authority has issued two requests for an application to be made (Late Application Fee)
   £110
 * 10% DISCOUNT when applying on-line www.landlordregistrationscotland.gov.uk

10% discount of all fees (excluding any additional fees) automatically calculated in the system

Further information

For further information in relation to letting property out including legal obligations please visit the Private Rented Sector information pages, www.betterrentingscotland.com or the Housing and Property Chamber (formerly the Private Rented Housing Panel). 

Failure to register as a private landlord could result in a fine of up to £50,000 and/or the Local Authority may serve a Rent Penalty Notice which prevents you from collecting money, e.g. rent or benefits, for the property or properties you own.

All landlords and agents must keep their details up to date and notify Private Landlord Registration or via www.landlordregistrationscotland.gov.uk when you cease to be a landlord or your contact details change. If any of the details with regard to your application change it is your responsibility to notify the Local Authorities to which you have applied. You will continue to be liable for any charges resulting from delays due to correspondence being sent to previous addresses and you may be fined up to £1,000.