The Private Landlord Registration (Information) (Scotland) Regulations 2019
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Private Landlord Registration (Information) (Scotland) Regulations 2019 and come into force at 0900 hours on 16 September 2019.
(2)
In these Regulations—
“the 2004 Act” means the Antisocial Behaviour etc. (Scotland) Act 2004,
“advertisement in commercial media” means any of the following—
(a)
an advertisement in a newspaper or magazine,
(b)
an advertisement transmitted electronically, including by means of the internet, or
(c)
an advertisement by way of written particulars or written description, including particulars or description given or made available electronically, which includes at least 2 of the following—
- (i)
a photograph of the house, part of the house or room in the house to be let,
- (ii)
a floor plan of the house to be let,
- (iii)
the size of the rooms in the house,
- (iv)
the proposed rent,
“energy performance indicator” has the meaning given in regulation 2 of the Energy Performance of Buildings (Scotland) Regulations 2008,
“joint owner” means an owner of a house which is owned by two or more persons, either equally between them or in pro indiviso shares,
“lead owner” means the person, where applicable, who is designated as such in the application for registration made under section 83 of the 2004 Act, and
Application for registration – prescribed information2.
(1)
Subject to paragraph (2), an application for registration under section 83 of the 2004 Act must contain, in addition to the information listed there, the information prescribed in the schedule.
(2)
Where the schedule prescribes information which is not applicable to a relevant person, the relevant person should indicate on the application for registration that the information is not applicable to the relevant person.
Revocations3.
Subject to regulation 4, the enactments specified in column 1 of the table in Part 2 of the schedule are revoked to the extent set out in the corresponding entry in column 3 of that table.
Saving provision4.
(a)
an application for registration under section 83,
(b)
a notice of a change to information under section 87(2),
(c)
a notice of appointment of an agent under section 88(2),
of the 2004 Act, received by a local authority before 0900 hours on 16 September 2019.
St Andrew’s House,
Edinburgh
SCHEDULE
PART 1Prescribed information for application for registration
1.
The date of birth of the applicant.
2.
Details of any licence, voluntary accreditation or registration in connection with letting houses in the UK held by the applicant, including any which were refused or revoked.
3.
A declaration of—
(a)
any convictions of the applicant relating to offences involving the matters listed in section 85(2)(a) or (aa) of the 2004 Act,
(b)
any convictions of the applicant relating to offences in connection with any matter relating to the provisions referred to in section 85(2)(c) of the 2004 Act and any finding of a court or tribunal that the applicant has contravened any of those provisions, and
(c)
any antisocial behaviour order (or interim order) within the meaning of Part 2 of the 2004 Act, and of any antisocial behaviour notice within the meaning of Part 7 of the 2004 Act, that relate to matters provided for by section 85(3) of the 2004 Act.
4.
The identity of any other joint owner or owners in relation to any property declared by the applicant under section 83(1)(b) of the 2004 Act, and which one of the joint owners is the lead owner for the purposes of applying the appropriate application fee.
5.
6.
Other names by which the applicant has been known.
7.
Where the applicant has not been resident for 5 years or more at the address provided under section 83(1)(a) of the 2004 Act, all previous addresses of the applicant in the last 5 years.
8.
Where the applicant is a company, the company registration number.
9.
Any court or tribunal judgements against the applicant under—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
10.
The email address (if any) and contact telephone number of the applicant.
11.
A declaration that the applicant complies with other legal requirements relating to their lettings which should include confirmation whether or not each property specified by the applicant under section 83(1)(b) of the 2004 Act meets—
(a)
(b)
the repairing standard as defined in section 13 of the Housing (Scotland) Act 2006 where such house is subject to that standard under section 12 of that Act,
(c)
(d)
12.
13.
14.
15.
Where any property declared by the applicant under section 83(1)(b) of the 2004 Act has been subject to advertisement in commercial media, confirmation that such advertisement included—
(a)
details of the landlord registration status of any such property; and
(b)
the energy performance indicator applicable to any such property as specified on the current energy performance certificate.
16.
Where any property declared by the applicant under section 83(1)(b) of the 2004 Act is within a tenement building, a declaration by the applicant confirming that—
(a)
the applicant has complied with the obligation to insure contained in section 18 of the Tenements (Scotland) Act 2004; and
(b)
the applicant is aware of their obligations in relation to the common repairs in the tenement building under any relevant tenement burden or, where applicable, the Tenement Management Scheme which is set out in Schedule 1 to the Tenements (Scotland) Act 2004.
17.
Where any property declared by the applicant under section 83(1)(b) of the 2004 Act is a house in multiple occupation, a declaration by the applicant confirming that each such property is subject to an HMO licence within the meaning of section 124 of the Housing (Scotland) Act 2006.
18.
19.
(a)
has been entered into an approved tenancy deposit scheme within the meaning of those regulations, or
(b)
will be entered into such a scheme before the expiry of the period mentioned in regulation 3(1) of those Regulations.
PART 2Revocations
Column 1 | Column 2 | Column 3 |
|---|---|---|
The Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005 | All remaining provisions | |
The Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2012 | All remaining provisions |
These Regulations prescribe the information that a person must provide in order to make a valid application for registration as a landlord or for details of a person’s registration to be amended. The information prescribed is in addition to that prescribed in the Antisocial Behaviour etc. (Scotland) Act 2004 and will not be available to members of the public.
Regulation 2 and Part 1 of the schedule prescribe the information.
Regulation 3 revokes the instruments set out in Part 2 of the schedule. Regulation 4 makes saving provision in relation to applications and notices received by a local authority before 0900 hours on 16 September 2019.
A Business and Regulatory Impact Assessment has been prepared for this instrument and will be placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government Directorate for Housing and Social Justice, Victoria Quay, Edinburgh EH6 6QQ.