You must register as a landlord before you rent out a residential property in Scotland (there are some exceptions).

The aim of registration is to make sure that all private landlords in Scotland are 'fit and proper' to let property. This helps councils to remove bad landlords from the market and protect tenants and their neighbours from antisocial behaviour. It also helps to engage landlords who do not manage their properties correctly or maintain them to the Repairing Standard.

We can provide all registered landlords with information and assistance on all aspects of private letting. This service is also provided to private tenants.

Registration will last for 3 years, starting from the date of your approval. After this time you will need to renew your registration (see How do I register?).


Frequently asked questions

  1. Table of contents

Do I need to register?

I am a landlord letting private rented property. Should I register?

You will have to register if you are a private landlord letting residential property in Scotland unless all the houses you let are covered by an exemption.

Exemptions include:

  • If you let part of your own home
  • If you let to a family member
  • If you let to a tenant of an agricultural holding or croft

There are some other exemptions. Please contact us for more information and advice if you are unsure if these exemptions apply to you.


I have an HMO licence. Do I still need to register?

If you let a House in Multiple Occupation (HMO), you will have already been found to be ‘fit and proper’ by us. You and your properties will still need to be registered. You must complete an application (see How do I register). You will not need to pay if you let properties which are not HMOs, these must also be registered.


I am an agent managing private rented property. Do I need to register?

From 31 January 2018, all letting agents in Scotland must comply with the Letting Agent Code of Practice which sets out the standards that letting agents must meet. Tenants and Landlords can apply to the First-tier Tribunal (Housing & Property Chamber if they feel the letting agent has failed to comply with the code.

From 01 October 2018, all letting agents in Scotland must have made an application to the Scottish Government to be included in the Letting Agent Register. The aim of registration is to make sure all letting agents are fit and proper to let property. This helps ensure that the private rented sector is professional, well managed and provides good quality homes.

More information on letting agent registration is available on the Scottish Government website.


I jointly own a property with someone else – how will that work?

All joint owners must register. You should choose one of you as the ‘lead owner’: only the lead owner pays the registration fee.


Getting registered

When do I need to register?

You must apply to register before advertising your property for let.


How much will it cost?

The fee for landlord registration is £80.

The fee to register a property is £18 per property.

A £160 late fee will apply if you fail to register or your current registration is allowed to expire.

Future increases will be applied on 1st April annually.


How do I register?

You can register online at www.landlordregistrationscotland.gov.uk.


Which council should I register with?

You must register with each council in which you let property.

You can do this during the online application process.


What information will I need to provide on applying?

  • Your name, address, date of birth and any other names you are known by.
  • The addresses of any properties you let.
  • The name and address of any agent you use.
  • Contact information.
  • Information on any unspent convictions or court or tribunal judgements.
  • Declarations for each property, confirming compliance with specified legal requirements.

What does 'fit and proper' mean?

To be registered, landlords must be 'fit and proper' to let residential property. For information on good practice in residential letting, please visit The Scottish Government website or speak to us.

When making a decision on whether you are 'fit and proper', we will look at any evidence of:

  • Fraud, dishonesty, violence or drugs
  • Unlawful discrimination
  • Breaches of any law relating to housing
  • Failure to act in relation to antisocial behaviour
  • Firearms offences
  • Sexual offences

What if the council decides I'm not ‘fit and proper’?

You will not be allowed to register, but we can advise you on what you need to do to become registered. It is an offence to let a property if you are not registered.


How much of my information will members of the public be able to see online?

Members of the public will be able to view the register on the Internet. By entering the postcode and selecting the property address they will be able to see if the property is registered. They will also see your name and address or the name and address of your appointed agent.

The online public search facility is available at www.landlordregistrationscotland.gov.uk.


How do I renew my registration when my 3 years is nearing the end?

You will receive an email reminding you to renew 90 days and 30 days before your expiry date. You must keep your registration updated with your current contact details including your email address.

You can renew your registration by simply logging onto the Landlord Registration Scotland website and paying the appropriate fee.

It is the responsibility of each owner to register and re-register. Failure to do this may result in a penalty.

If you need help or further information on the renewal process please call the Private Sector Team on 01324 590797 (option 2).


Legal obligations

What are my legal obligations as a landlord?

Information about your legal obligations as a landlord is available at Shelter Scotland and the First-tier Tribunal for Scotland (Housing & Property Chamber).

Under Section 11 Homelessness (Scotland) Act 2003 if a landlord plans to evict a tenant via First-tier Tribunal for Scotland (Housing & Property Chamber) they must inform the council in writing that they are planning on taking this course of action.

The First-tier Tribunal may halt the proceedings until this has been received. Please see the template Section 11 Notice below:

Please complete this notice and return it to the Debt Advice Team:

By email

debtadvice@falkirk.gov.uk

Please ensure you set your email to provide a delivery and read report or add text to your email to request a reply on receipt - you may need this for Court/Tribunal.

By post

Falkirk Council
Debt Advice
The Foundry 
4 Central Boulevard, Central Park 
Larbert 
FK5 4RU 

Please consider sending by recorded delivery to provide evidence of posting - you may require this for Court/Tribunal.


Changes to the Minimum Energy Efficiency Standards in the Private Rented Sector

Information on the minimum energy efficiency standards and the support available for landlords can be found at The Energy Savings Trust.


Training

Training about your legal obligations is available from Landlord Accreditation Scotland and Scottish Association of Landlords.