Private Landlord Registration
All private landlords letting properties in Scotland must apply for registration in the register of landlords.
The aim of landlord registration is to ensure that all private landlords in Scotland are 'fit and proper' to be letting residential property. The requirement will help 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.
Do I need to register?
I am a landlord letting private rented property.
You will have to register if you are a private landlord letting residential property in Scotland, unless one or more of the exemptions covers all the houses you let. Letting part of your own home is exempt as is a house let to the tenant of an agricultural holding or croft. There are some other minor exemptions. If you are just entering the market, you should register before letting property.
I have an HMO licence - do I still need to register?
If you let a House in Multiple Occupation (HMO), you will have already been found to be 'fit and proper' by your local authority and paid for a licence. You and your properties will still need to be on the register, but this will happen automatically and you will not need to pay. However, if you let any non-HMO properties, you must register these and pay a fee.
I am an accredited landlord - do I still have to register?
You do still require to register to let your property and your accreditation will compliment this. South Ayrshire Council operates in partnership with Landlord Accreditation Scotland to provide training and the opportunity of accreditation to landlords within South Ayrshire. Further information and courses available can be found at Landlord Accreditation Scotland.
I am an agent managing private rented property - do I need to register?
To carry out letting agency work (as defined by section 61 of the Housing (Scotland) Act 2014) you must apply to join the Scottish Letting Agent Register. You can read details on the legislation and the criteria that letting agents need to meet in order to register and carry out letting agency work at http://www.mygov.scot/letting-agent-registration.
How do I go about registering?
You can register and pay your application fees in the following way.
Please note that you have to register online to use this facility. This is also the only available method of payment if you register online.
Visit www.landlordregistrationscotland.gov.uk - payment can be made by credit or debit card using the secure server; you can print a copy of the payment for your own records.
We recommend that landlords keep a full record of all registration payments made. By registering online, the total amount payable (a full purchase summary detailing all the submitted fees and discounts where applicable) will be calculated automatically.
- Principal Fee: £75
- Property Fee: £17
- Late Application Fee: £149
Discounts are available for:
- landlords who own properties in more than one local authority area
- joint owners
- landlords who have a House of Multiple Occupancy (HMO) license
- Scottish charities
South Ayrshire publish a newsletter to our landlords at least on an annual basis, this is full of useful information and highlights any important changes in legislation which are incoming.
Private Residential Tenancy
The Private Housing (Tenancies) (Scotland) Act 2016, has introduced a new type of tenancy. Known as a 'private residential tenancy' which has been created to improve security for tenants and provide safe guards for landlord, lenders and investors. Landlords are now no longer able to issue Assured and Short Assured Tenancies. Any pre-existing SAT or Assured tenancy will continue as is until they are terminated.
The new tenancy will be open-ended and will last until a tenant wishes to leave the let property or a landlord uses one (or more) of 18 grounds for eviction.
Improvements for landlords include:
- no more confusing pre-tenancy notices, such as the AT5
- where a tenant is in rent arrears, a landlord can refer a case for repossession more quickly
- a Scottish Government recommended 'model tenancy agreement', which will include standardised tenancy terms
- one simple notice when regaining possession of a property called a 'notice to leave' - this will replace the current 'notice to quit' and 'notice of proceedings'
- eighteen modernised grounds for repossession, which include new grounds where the property has been abandoned or the landlord intends to sell
Further information can be found at Private Residential Tenancy
Also, the Scottish Association of Landlords have produced a short video which covers important aspects of the new legislation and what it means to you as Landlords. It can be found at https://www.youtube.com/watch?v=cOq7smCMy3I.
Further information on the Scottish Association of Landlords can be found at www.scottishlandlords.com.
As well as the new legislation, the Scottish Government have produced a suite of easy to use documents to help landlords adjust to this change. The following has been created to help provide assistance:
- An easy to use Model Tenancy Agreement which can be found: http://www.gov.scot/Publications/2017/10/3669/downloads
- An online interface which allows you to create your own lease: https://www.mygov.scot/tenancy-agreement-scotland/
It is not compulsory to use the model tenancy agreement, but all PRT leases must contain certain statutory terms. These can be read online here.
Tenants being offered a PRT must also be issued with guidance notes. There are two versions of these which have also been published:
- If the landlord uses the Scottish Government's model lease, they must give their tenant the ' Easy Read Notes for the Scottish Government Model Private Residential Tenancy Agreement'. These set out a simple commentary on each of the mandatory terms, and on any of the discretionary terms where the landlord has used the government's suggested wording.
- If the landlord does not use the model lease, they must give their tenant a shorter set of supporting notes called the ' Private Residential Tenancy Statutory Terms Supporting Notes'. These only cover the tenancy terms which landlords are required by law to include in any PRT lease.
It will not be necessary to issue a Tenant Information Pack (TIP), AT5 form or prior notice of grounds when creating a PRT.
If you have any further questions please contact:
Landlord Registration Team
South Ayrshire Council
21 River Terrace
Contact 0300 123 0900 ask for Landlord Registration