Since 2004 the Antisocial Behaviour etc (Scotland) Act has required Local Authorities to establish and maintain a register of private landlords. Landlords letting properties in Scotland must either be registered or have submitted a valid application for registration. It is an offence to let or advert a property, (unless it is exempt under the legislation) without either being registered or having submitted a valid application for registration.
The aim of landlord registration is to ensure that all private landlords are "fit and proper" to be letting residential property. The requirement helps local authorities to remove disreputable landlords from the market and to protect tenants and their neighbours from the impact of antisocial behaviour and mismanaged property in the wider community.
Registration is required for private landlords letting residential property in Scotland, unless all the houses they let are covered by one or more of the exemptions. Letting part of the home you reside in full time to 2 or fewer persons is exempt (i.e. resident landlords), as is a house let to the tenant of an agricultural holding or croft. Other exemptions include holiday homes, letting to members of the landlords own close family and certain accommodation related to religious orders.
For further information in relation to letting property including legal obligations please visit the Private Rented Sector or the (formerly the Private Rented Housing Panel).
Advice in relation to the requirement to place deposits with an approved Tenancy Deposit Scheme can also be found on the Private Rented Sector pages - Tenancy Deposit Schemes.
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