The Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005, which prescribe the information that a person must provide, and make provision for the fees that a person must pay, in relation to landlord registration.

Regulation 2 amends a definition that is used in the calculation of fees to clarify that it is to take into account licences granted under the Housing (Scotland) Act 2006 (asp 1) relating to houses in multiple occupation. It expands a definition so that it includes licences granted under part of that Act that came into force last year.

Regulation 3 provides fees for notification that a person has appointed an agent. The usual fee will be £55, though provision is made for some exemptions and cases where a lesser fee of £27.50 will apply. Provision is also made for local authorities to charge an additional fee of £110 where notification is only made after a repeated request for it.

Regulation 4 ensures that applications for registration must declare details of convictions, orders and notices that, as a result of commencement of provisions of the Private Rented Housing (Scotland) Act 2011 (asp 14) and the enactment of the Equality Act 2010 (c.15), are relevant to whether an applicant is a fit and proper person to be registered as a landlord or to be the holder of a licence for housing in multiple occupation.

Saving provision is made by regulation 5 to clarify that the changes made by regulation 4 do not require existing applications to be resubmitted.