The Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005 (S.S.I. 2005/558) (the 2005 Regulations).

Regulation 2(3) introduces a revised Schedule 2, which takes into account all amendments made to date to the 2005 regulations, as well as making some stylistic adjustments. All further references in this Explanatory Note are to the revised Schedule 2 as substituted by these Regulations.

Three possible fees are payable in terms of paragraph 1, and paragraph 8 provides for a further fee. The principal fee remains £55, to which must be added the sum of £11 for each additional property, and £55 where an agent is specified.

Exemptions and discounts may be claimed.

Paragraph 2 makes charities exempt from the principal and property fees, but if they delay submitting their application until two requests to do so have been issued by the local authority, they require to pay an additional fee of £110 in the same way as any other late applicants.

Paragraph 3 exempts persons who hold an HMO licence with the authority to which the applications is made from paying a principal fee. A property fee will be payable only in respect of properties not licensed as an HMO.

Paragraph 4 makes joint owners, which include unincorporated trusts, exempt from the principal and property fees. However, this does not apply to the lead owner, as defined in the 2005 Regulations.

Applications by landlords who are currently registered or are seeking registration in another local authority area attract a discount of 50%, in terms of paragraph 5. This also applies to simultaneous applications to more than one authority using the internet-based application system.

Paragraphs 6 and 7 make similar provision in respect of the fees payable where the applicant specifies an agent to act on their behalf, whose fitness also requires to be assessed.

Paragraph 8 makes an additional fee payable when an application is submitted only after two requests to do so have been issued by the local authority.

Use of the internet-based application system is further encouraged by the discounts provided for in paragraphs 7(a) and 9.

A Regulatory Impact Assessment has been prepared covering these Regulation