Private landlord registration

Prescribed information comes under The Private Landlord Registration (Information) (Scotland) Regulations 2019.

Prescribed information is the information landlords must provide when they apply for a new registration or to renew their landlord registration. This information will help us decide whether an applicant is fit and proper to let houses. The aim is to improve standards in the Private Rented Sector (PRS) by:

• raising landlords’ awareness about their legal responsibilities 
• tackling poor physical and management standards
• making sure landlords declare whether or not they comply with their legal responsibilities about property management and care

Please note that this means all private landlords self-declaring and evidencing (when requested) that their certifications, for example, gas safety are current and valid. Landlords will be asked about:

• Tolerable and repairing standards – landlords should be aware of their duties
• Gas safety – all rental properties that use gas, must have a current gas safety certificate 
• Electrical safety – all rental properties must have an Electrical Installation Condition Report (EICR) 
• Electrical appliance test – all rental properties with portable appliances, supplied by the landlord, including white goods, must have a Portable Appliance Test (PAT) 
• Fire, smoke and heat detection – all rental properties must have adequate smoke and heat detection 
• Carbon monoxide detection – all rental properties with a gas supply, or a solid fuel appliance must have a carbon monoxide (CO) detector 
• Private water supply – landlords with a private water supply to their property must tell their tenants about this and risk assess and test the water supply to make sure it's safe to drink. Scottish Water supply the majority of properties in Scotland; only 3% of properties in Scotland have a private water supply 
• Energy performance – all rental properties with a few exemptions must have a valid Energy Performance Certificate (EPC) 
• Legionella risk assessment – all rental properties must have a risk assessment carried out, and landlords must tell their tenants about the risks of legionella and give advice on how to minimise these risks 
• Rental property insurance – all rental flats or properties in a block must have adequate insurance in place 
• Common repairs - all landlords must be aware of their obligations surrounding communal repairs
• Tenancy deposits – Where a deposit is taken it must be lodged within a deposit scheme and landlords should be aware of and have met their tenancy deposit obligation

These regulations do not place any new duties on a landlord but makes sure they declare they are meeting their legal responsibilities.

Fit and proper person 

To be registered, owners and their agents must be fit and proper to let residential property. Local authorities must take account of any evidence that the person has: 

• Committed any offence involving fraud, dishonesty, violence, drugs, discrimination, firearms or sexual offences 
• Practiced unlawful discrimination in connection to any business 
• Contravened any provision of the law relating to housing, or landlord and tenant law, and any actions, or failure to act, in relation to any antisocial behaviour affecting a house they let or manage and must take account of the fact and nature of any agency arrangement

Antisocial Behaviour (Scotland) Act 2004 Section 87 also states the following:

87 Duty of registered person to provide information to local authority

1. This section applies where a person is registered by a local authority.

2. If in consequence of a change in circumstances any information provided by the person to the local authority by virtue of section 83(1) or, as the case may be, this subsection, becomes inaccurate, the person shall, as soon as practicable after the inaccuracy arises, give notice in writing to the authority of the change that has occurred.

3. Subject to subsection (4), any notice given under subsection (2) shall be accompanied by such fee as the local authority may determine. 

4. The Scottish Ministers may by regulations prescribe for the purposes of subsection (3) - 

5. A person who, without reasonable excuse, fails to comply with subsection (2) shall be guilty of an offence.

6. A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Registered landlords are asked to update their Local Authority where they hold registrations as above which include the following which can be done using their online portal.

• Criminal convictions 
• ASBOs 
• ASBNs
• Refused/revoked licences, registrations or accreditations