Landlord registration: statutory guidance for local authorities 2017
Statutory guidance for local authorities regarding the effective regulation of landlord registration.
Annex A
Overview of Legislation
This table is intended to signpost readers to legislation relating to landlord registration. It is important to note that the links are to versions of the legislation published on legislation.gov.uk. Care should be taken to check for outstanding changes that have not yet been applied.
Legislation |
Overview |
Commencement |
---|---|---|
Relevant Acts |
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Part 8 introduces 'Landlord Registration' i.e. the requirement for each local authority to establish a register, showing registered persons and the house they let, and make it available for public inspection. |
30 April 2006 |
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Sections 175 and 176 amended the 2004 Act. Section 175 introduces powers to introduce a Letting Code and makes provision in connection with fit and proper considerations regarding the fact and nature of any agreement that the landlord has with an agent in connection with the letting of the house, when deciding whether the landlord (but not the agent) is a fit and proper person. Section 176 introduces a duty on local authorities to note decisions of private rented housing committees and specifies information on the register that must be made publicly available. |
5 July 2006 SSI 2006/395 29 January 2006 SSI 2006/14 |
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The 2011 Act contains a number of provisions which amended the 2004 Act. |
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Section 1 – Fit and proper person - Considerations |
1 July 2012 SSI 2012/120 |
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Section 2 – Fit and proper person: criminal record certificate |
31 August 2011 SSI 2011/170 |
|
Section 3 – Landlord registration number |
1 April 2013 SSI 2013/82 |
|
Section 4 – Appointment of Agents |
1 July 2012 SSI 2012/120 |
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Section 5 – Access to register: additional information |
1 April 2013 SSI 2013/82 |
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Section 6 – Duty to include certain information in adverts |
1 June 2013 SSI 2013/82 |
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Section 7 – Penalty for acting as unregistered landlord etc. |
31 August 2011 |
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Section 8 – Disqualification orders for unregistered landlords |
1 April 2013 SSI 2013/82 |
|
Section 9 – Power to obtain information |
1 April 2013 SSI 2013/82 |
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Section 10 – Part 8 of the 2004 Act: guidance (statutory) |
31 August 2011 SSI 2011/170 |
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Section 11 – Information to be given to local authority |
1 April 2013 SSI 2013/82 |
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Section 12 and Schedule – Minor and consequential amendments |
1 April 2013 SSI 2013/82 |
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Section 21 –Once commenced it will insert a new section 85B into the 2004 Act which sets a 12 month time limit for determining an application for registration. |
Not yet commenced |
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Landlord Registration – Regulations and Orders |
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Private Landlord Registration (Advice and Assistance) Regulations 2005 ( SSI 2005/557) |
Makes provision for :
|
31 March 2006 Amended by SSI2008/402 |
Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005 ( SSI2005/558) |
Makes provision for:
|
1 January 2006 Amended by SSI2006/28; 2008/403; 2012/151 |
Makes provision about the notice from the landlord to the tenant where a landlord appeals against a rent penalty notice. |
31 March 2006 |
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Private Landlord Registration (Modification) (Scotland) Order 2005 ( SSI 2005/650) |
Amends section 83 of the 2004 Act to add additional categories of houses which are disregarded for registration purposes (section 83 (6)(e) to (l)). |
1 January 2006 |
Amends SSI 2005/558 as follows:
|
31 January 2006 |
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These regulations amend SSI 2005/557. They make provision for general advice to be given to tenants or potential tenants about letting practice or landlord registration. |
12 February 2009 |
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These regulations amend SSI 2005/558. They introduce a revised Schedule 2 and include provisions for:
|
12 February 2009 |
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The Private Landlord Registration ( Modification) (Scotland) Order 2009 ( SSI 2009/33) |
Amends section 83 of the 2004 Act to add an additional category of house which is disregarded for registration purposes (section 83(6)(m)) - house owned by a person acting as an insolvency practitioner. |
12 February 2009 |
These regulations amend SSI 2005/558. They make provision for:
|
1 July 2012 |
Contact
Email: Housing Registers Team - LandLord_Registration@gov.scot
Phone: 0300 244 4000 – Central Enquiry Unit
The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG
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