Private landlord registration
Contact us for more information about becoming a private landlord and private landlord registration.
Address: Housing Strategy Team
Galashiels Area Office, Paton Street
Galashiels TD1 3AS
Tel: 01896 661 392
Fax: 01896 662 765
Since 30 April 2006, all private landlords and their agents are required to register with the local authority in which they let property. This is a requirement under the Antisocial Behaviour etc. (Scotland) Act 2004.
Are you a Private Landlord in the Scottish Borders?
If so, the Scottish Government would like to hear from you.
On the 6th October the Scottish Government launched a public consultation on the development of a new type of tenancy for the private rented sector. The overarching aim of the tenancy is to improve security of tenure for tenants, while providing appropriate safeguards for landlords, lenders and investors.
The consultation seeks your views on the proposed outline of the new tenancy.
Access the consultation on the Scottish Government website.
The deadline for responding is 28 December 2014.
What is the purpose of landlord registration?
Landlord registration makes sure that all private landlords and agents in Scotland are 'fit and proper' to be letting residential property. The scheme also aims to:
- improve private renting in Scotland by enforcing minimum standards
- oblige those who do not provide this minimum service to improve, or leave the sector
- allow tenants, neighbours and the Council to identify and contact landlords and agents of private rented property
- provide information on the scale and distribution of the private rented sector in Scotland.
Do I have to register?
Registration is mandatory and it is a criminal offence if you rent out a property without having made a valid application for registration. You must also declare anyone who jointly owns any rental property with you and anyone who acts as an agent for you in relation to the letting.
You can also register if you do not own any property to show that you are 'fit and proper' to act as an agent or before you invest in property for let. It is an offence to offer or advertise a residential property to rent unless you are already registered or have made a valid application to register with your local authority.
Who will need to register?
Any private landlord or agent who manages property for a private landlord will need to be registered. There are some exemptions:
- holiday lets;
- houses managed by religious orders;
- houses with a resident landlord;
- residential properties that are subject to agricultural and crofting tenancies;
- those letting to family members;
- houses providing care services governed by Care Commission regulation.
Joint owners (all those named on title deeds) must also register although there is no fee incurred by them.
How do I register?
You can apply online on at Landlord Registration Scotland. You can also contact the Housing Strategy Team for an application form. Registration requires you to:
- complete and sign a registration form
- pay a fee (10% discount if online application)
- reply to all registration related queries you receive
- retain your confirmation of approval - this is valid for three years
- notify any changes as they occur i.e. change of personal details, sale or purchase of rental properties
- renew your registration before the expiry date.
What information will I need to provide?
You will need to provide:
- your name, including any previous names e.g. maiden name
- your address, including details of where you have lived over the past five years
- a list of the addresses of the properties you let
- if you use an agent, you will need to provide the name and address of the agent
- details of any relevant convictions you hold
- a declaration stating that you comply with the legal requirements relating to managing rented property - applications will not be processed until the declaration is completed and signed.
Applications will not be processed until all mandatory information is provided and the declaration is completed and signed.
Find out more
For more information, please contact the Housing Strategy team. We are responsible for the administration of the Scottish Borders Private Landlord Register.
We can also provide advice and information about other queries relating to the private rented sector.
Landlord Accreditation Scotland (LAS) are presenting a training session for private landlords in the Scottish Borders. it will take place in St Boswells, on Wednesday 4th February 2015. For further details contact the LAS website.
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