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30th August 2011

Landlord Registration

Forthcoming Changes in Legislation.

 

The Private Sector Housing Bill 2011 will be introduced on the 31^st August 2011 and the new legislation will be phased in over 2011/12. We have summarised these changes with estimated timescales for your information below:

 

31^st August 2011:

 

The maximum fine for failure to register is being increased from £5,000 to £50,000.

• Appointment of Agents – the Act also allows a penalty up to £1000 if landlords do not notify the Local Authority, if an agent is appointed.
• Requirements for a Criminal Record Certificate to be provided if there are any doubts regarding the “fit and proper” test. If a landlord fails to provide this, they may be removed from the register.
• Penalties for breaching planning control conditions in Houses of Multiple Occupation (HMO) increased from £20,000 to £50,000.

 

The following changes are proposed to take place from Early to Mid 2012.

 

Local authorities have been given greater powers to obtain information e.g. a letting agent can now be requested to supply details of clients.

• A landlord can now be disqualified from letting property for up to 5 years by the local authority (this is now in line with HMO Licensing).
• The Private Rented Housing Panel will now pass on information to Local Authorities to check that landlords are correctly registered.
• An expanded list of criminal offences (firearms, sexual offences) can be taken into account when assessing applications to register.
• Landlords are now required to have their registration number printed on all adverts, except the letting signs near the property. Re-usable ‘To-Let’ boards will be exempt from this due to costs.

 

The following changes are proposed to take place from to Mid to late 2012

 

• Landlords Information Packs will also be introduced and it will be an offence not to provide this to tenants these packs will include EPC, Gas Safety Certificate and Repairing standards and will clarify illegal premiums and charges.
• Powers to issue landlords with statutory notices for overcrowding.

 

 

A Tenancy Deposit Scheme will also be introduced within the year and all landlords who receive a deposit and are required to be registered will need to comply with the Tenancy Deposit Scheme (Scotland) Regulations 2011. Further information is available at:-

 

http://www.legislation.gov.uk/ssi/2011/176/contents/made

 

Whilst this is just a summary of the main changes being made in the private rented sector a copy of this Private Housing Bill and more detailed information can be obtained at:-

 

http://www.scotland.gov.uk/publications/2011/04/Impactassessment