Private Rented Housing (Scotland) Act 2011
| Year | 2011 |
Private Rented Housing (Scotland) Act 2011
2011 asp 14
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th March 2011 and received Royal Assent on 20th April 2011
An Act of the Scottish Parliament to make provision about private rented housing.
Part 1
Registration of private landlords
1 Fit and proper person: considerations
(1) In section 85 of the 2004 Act (section 84: considerations)-
(a) in subsection (2)-
(i) in paragraph (a), after sub-paragraph (i) insert-
(ii) after that paragraph, insert-
(b) after subsection (5) insert-
(i) this Part;
(b) a repairing standard enforcement order made under section 24(2) of that Act.
(a) an antisocial behaviour order (or any interim order) within the meaning of Part 2;
(b) an antisocial behaviour notice within the meaning of Part 7.
(a) complaints and other information which come to the attention of the local authority concerning the relevant person or, as the case may be the person, in relation to the fulfilment of any financial obligation in respect of any house which is included in the application;
(b) concerns and other information which come to the attention of the local authority in the exercise of any of its functions in connection with any house which is included in the application;
(c) where section 85A(3)(b) applies, the relevant person fails to provide the certificate within the period the local authority directs.
(9) The Scottish Ministers may by order modify subsection (2).".
(2) In section 141(4)(a) of that Act (orders and regulations), after "83(7)," insert "85(9),".
2 Fit and proper person: criminal record certificate
After section 85 of the 2004 Act insert-
"85A Fit and proper person: criminal record certificate
(2) A local authority may require a criminal record certificate to be provided under subsection (1) only if it has reasonable grounds to suspect that the information provided with an application for entry in the register maintained under section 82(1) in relation to material falling within subsection (2), (3) or (4) of section 85 is, or has become, inaccurate.
(a) in the case of an application for entry in the register maintained under section 82(1), a relevant person may not be entered in the register until the certificate has been received by the local authority;
(b) in the case of a relevant person entered in the register, the relevant person must provide the certificate within such reasonable period as the local authority directs.".
3 Landlord registration number
(1) In section 84 of the 2004 Act (registration), after subsection (5) insert-
"(5A) An entry in a register under subsection (2)(a) shall state, in relation to the relevant person, a registration number (to be known as the "landlord registration number").".
(2) In section 86 of that Act (notification of registration or refusal to register), after subsection (1) insert-
"(1A) Where a local authority gives notice of the fact of registration under subsection (1)(a) it must, in doing so, give notice of the landlord registration number.".
(3) In section 101 of that Act (interpretation of Part 8), after the definition of "landlord" insert-
""landlord registration number" has the meaning given by section 84(5A);".
4 Appointment of agents
In section 88 of the 2004 Act (registered person: appointment of agent)-
"(2A) Subject to subsections (2B) and (2C), the notice shall be accompanied by such fee as the local authority may determine.
(a) the person appointed is entered in the register as a relevant person; or
(b) another relevant person's entry in the register states that the person appointed acts for the other relevant person.
(a) fees;
(b) how fees are to be arrived at;
(c) other cases in which no fee shall be payable.",
(a) in giving notice under subsection (2), specifies information which is false in a material particular; or
(b) fails to comply with subsection (2).
(10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.".
5 Access to register: additional information
(1) In section 88A(1) of the 2004 Act (access to register)-
(a) in paragraph (a), before sub-paragraph (i) insert-
"(zi) confirmation of whether any application relating to the house has been made in accordance with section 83 but has not yet been determined;",
(b) in paragraph (a)(i), for "the owner" substitute "any owner of the house",
(c) in paragraph (b)-
(i) after "applicant" insert "-
(i)",
(ii) after "register" insert "; and
(ii) whether its register includes a note under section 92ZA of a decision to refuse that other person's entry in, or to remove that other person from, the register.".
(2) After section 92 of the 2004 Act insert-
"92ZA Duty to note refusals and removals
(1) Subsection (4) applies where-
(i) refuse to enter a person in its register under section 84(2)(b) or (7); or
(ii) remove a person from its register under section 88(8) or 89(1) or (4); and
(i) the period for making an application to the sheriff in relation to the decision for the purposes of section 92(2) expires without an application being made; or
(A) the period for appealing against the sheriff's decision expires without an appeal being made; or
(a) a local authority decides to refuse to enter a person in its register under section 84(8); and
(i) the period for making an application to the sheriff in relation to the decision for the purposes of section 92(2) expires without an application being made; or
(A) the period for appealing against the sheriff's decision expires without an appeal being made; or
(3) Subsection (4) applies where a local authority removes a person from its register under section 89(5).
(4) Where this subsection applies, the local authority must note the fact in its register that the person has been refused entry to, or removed from, its register.
(a) remain on the register for 12 months from the date on which the local authority is required to note it in its register; and
(b) be removed from the register at the end of that period.
(6) Where a person in respect of whom a local authority notes a fact in its register by virtue of subsection (1) is subsequently entered in the register before the end of the period mentioned in subsection (5)(a), the local authority must remove the fact from the register when the person is so registered.
(a) remain on the register for the period of disqualification specified in the order made under section 93A(2); and
(b) be removed from the register at the end of that period.".
6 Duty to include certain information in advertisements
After section 92A of the 2004 Act insert-
"92B Duty of certain persons to include landlord registration number in advertisements
(a) a person who is registered by a local authority ("the registered person"), in relation to a house that the person owns in the area of the authority, communicates with another person with a view to entering into a lease or an occupancy arrangement such as is mentioned in section 93(1)(a); and
(b) the communication is by way of an advertisement in writing,
the registered person must ensure the advertisement includes the landlord registration number given by the authority.
(2) Where the house is owned jointly by two or more persons registered by the local authority, the duty in subsection (1) is complied with if the advertisement includes the landlord registration number given by the authority in relation to one of the persons.
(a)...
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