Part 1

Rent
Chapter 1

Designation of rent control areas

Power to require landlords to provide information

Power to require landlords to provide information
19
1
The Scottish Ministers may by regulations make provision for or in connection with a requirement for relevant information, relating to a house for which information is included in a local authority’s landlord register, to be provided by a relevant person to either—
a
the Scottish Ministers, or
b
the local authority (but not both).
2
Regulations under subsection (1) may, in particular, make provision about—
a
the times at which relevant information is to be provided,
b
the purposes for which the information provided may be used by recipients of it,
c
the sharing of the information, including among recipients of the information,
d
the keeping, maintenance and accessibility of the information,
e
the enforcement of any obligation imposed on a relevant person under the regulations,
f
appeals against any decision taken or obligation imposed under the regulations,
g
the conferral of powers to require a relevant person to pay a financial penalty or compensation for a failure to comply with an obligation imposed under the regulations.
3
Regulations under subsection (1) may not require a relevant person to provide the same information in relation to the same house more than once in a 12 month period.
4
In this section—
- “house” is to be construed in accordance with section 101 of the Antisocial Behaviour etc. (Scotland) Act 2004,
- “landlord register”, in relation to a local authority, means the register prepared and maintained by the local authority for the purpose of Part 8 of that Act,
- “occupancy arrangement” has the meaning given by section 101(1) of that Act,
- “relevant information”, in relation to a house mentioned in subsection (1), means information specified in regulations made under that subsection—
  1. relating to the address, type and size of the house,
  2. about the type of tenancy or occupancy arrangement to which the house (or part of it) is subject,
  3. about any furnishings provided under the tenancy,
  4. about the amount and frequency of rent payable under any relevant tenancy to which the house (or part of it) is subject,
  5. about any costs associated with the house that are included as part of the rent payable, or
  6. about the most recent increase in the rent payable under any relevant tenancy to which the house (or part of it) is subject,
- “relevant person”, in relation to a house mentioned in subsection (1), means—
  1. the person whose entry in the local authority’s landlord register includes information relating to the house, or
  2. any other person acting as landlord under a tenancy or occupancy arrangement granted by that person to which the house (or part of it) is subject,
- “relevant tenancy” has the meaning given by section 1(5) of this Act,
- “tenancy” includes a sub-tenancy.
5
The Scottish Ministers may by regulations modify the meaning of “relevant information” in subsection (4) so as to add or remove descriptions of information.
6
The Scottish Ministers may by regulations modify the meaning of “relevant person” in subsection (4) so as to add or remove descriptions of persons.