Registration of Private Landlords: Guidance for Local Authorities

ANNEX 5: EXTRACTS FROM RELEVANT LEGISLATION

This Annex includes details of some extracts from legislation referred to in this guidance. The legislation can be found in full at www.opsi.gov.uk.

• Housing (Scotland) Act 2001 (the 2001 Act)

Section 108 - Meaning of "family" and "spouse": cohabitation

'(1) For the purposes of this Act, a person ("A") is a member of another's ("B's") family if-

(a) A is the spouse of B, or A and B live together as husband and wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex, or

(b) A is B's parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.

(2) For the purpose of subsection (1)(b)-

(a) a relationship by marriage is to be treated as a relationship by blood,

(b) a relationship of the half-blood is to be treated as a relationship of the whole blood,

(c) the stepchild of a person is to be treated as that person's child, and

(d) a person brought up or treated by another person as if the person were the child of the other person

is to be treated as that person's child'.

• Antisocial Behaviour etc. (Scotland) Act 2004 (the 2004 Act)

Section 139 - Disclosure and sharing of information

(1) Where subsection (2) applies, any person who, apart from this subsection-

(a) would not have power to disclose information to a relevant authority; or

(b) would be by virtue of any enactment (including subsection (3)) or rule of law susceptible to a sanction or other remedy if the person disclosed the information,

shall have that power or shall not be susceptible to that sanction or remedy.

(2) This subsection applies if the disclosure is necessary or expedient for the purposes of any provision of-

(a) this Act; or

(b) any other enactment the purpose of which is to make provision for or in connection with antisocial behaviour or its effects.

(3) Subject to subsection (4), where-

(a) by virtue of subsection (1) a person discloses to a relevant authority information in respect of which the person is subject to a duty of confidentiality; and

(b) on disclosing the information, the person informs the authority of the breach of the duty,

the authority shall not disclose the information.

(4) Subsection (3) shall not prevent disclosure in any case where disclosure is permitted or required by virtue of any enactment or rule of law.

(5) In subsections (1) and (3), "relevant authority" means-

(a) a local authority;

(b) a chief constable;

(c) the Principal Reporter;

(d) a registered social landlord;

(e) an authority administering housing benefit;

(f) a person providing services relating to housing benefit to, or authorised to discharge any function relating to housing benefit of-

(i) a local authority; or

(ii) an authority administering housing benefit.

(6) Any person who, by virtue of this Act, must or may provide information or who provides or receives information for the purposes of any provision of this Act shall have regard to any relevant guidance given by the Scottish Ministers.

(7) The Scottish Ministers may, by order, modify the meaning of "relevant authority" in subsection (5).

• Private Landlord Registration (Advice and Assistance)(Scotland) Regulations 2005

Advice and assistance - landlords

2. A local authority shall provide an applicant for registration under section 83 of the 2004 Act with general advice on what constitutes good practice in the letting of houses, if such advice has not already been provided as part of the process leading to the making of the application.

3. If a local authority proposes to-

(a) refuse an application for registration under section 84(2)(b) of the 2004 Act; or

(b) remove a registered person from the register in terms of section 89(1) of the 2004 Act,

that local authority shall, if it considers that the applicant or registered person can, or might be able to, take action to avert that proposed refusal or removal, give the applicant or registered person advice on the appropriate action to take.

Advice and assistance - tenants

4. (1) Where a local authority makes a decision to-

(a) refuse an application for registration of a landlord under section 84(2)(b) of the 2004 Act;

(b) remove a landlord from the register in terms of section 89(1) of the 2004 Act;

(c) serve a notice that no rent is payable in terms of section 94(1) of the 2004 Act,

it shall provide advice and assistance in relation to the relevant action referred to in (a) to (c) to the occupants of each house, as the case may be, that is-

(i) specified in the landlord's application for registration under section 83 of the 2004 Act;

(ii) immediately before the removal, entered in the landlord's entry in the register; or

(iii) specified in the notice which has been or is to be served.

(2) The advice and assistance to be given in terms of paragraph (1) shall include-

(a) information on the general position of tenants or occupants where a landlord decides to terminate a lease or occupancy arrangement other than under a Scottish secure tenancy or short Scottish secure tenancy;

(b) advice on sources of individual advice and assistance including money advice and benefits advice should the landlord decide to terminate the tenancy or occupancy agreement;

(c) details of the assistance that could be available from a local authority in terms of homelessness legislation and of how to seek such assistance.

(3) The advice and assistance to be given in terms of paragraph (1) shall be provided as soon as practicable after the relevant decision specified in paragraph (1) has been taken.

• Private Landlord Registration (Advice and Assistance) (Scotland) Amendment Regulations 2008

General advice - tenants and prospective tenants

2.-(1) The Private Landlord Registration (Advice and Assistance) (Scotland) Regulations 2005( 2) are amended in accordance with the following paragraph.

(2) After regulation 4(3) (advice and assistance - tenants) insert-

"(4) Where a person who is, or who is considering becoming, a tenant approaches a local authority to enquire about letting practice or landlord registration, the local authority must provide to the person general advice in relation to those matters.".