Press Release
17^th May 2004

Rogue Landlords Shown the Door
Local communities and private tenants will be given better protection following amendments to the Antisocial Behaviour etc. (Scotland) Bill.  MSP for Greenock and Inverclyde, Duncan McNeil, backed the proposals, saying they were “good news for good tenants, good landlords and good neighbours.”

The Executive has agreed to set up a national landlord registration scheme which will require private landlords to be registered and will extend character checks to those landlords not already checked through the HMO licensing scheme.

The proposed scheme will clamp down on rogue landlords by ensuring that local authorities only register a landlord if they are satisfied that the landlord is a fit person to be managing tenancies.  They will also take into account the landlord’s track record in addressing antisocial behaviour in their properties.

Mr McNeil said:

“Irresponsible private landlords – through neglecting their properties, or through moving in a succession of undesirable tenants – are making their tenants’ and their neighbours’ lives a misery.  

“It’s high time we showed these layabout landlords the door and – together with, I am sure, tenants, neighbours and the many reputable landlords in Inverclyde – I welcome the setting up of a landlord registration scheme.

“Under the plans, Inverclyde Council would be able to clamp down on rogue landlords and ensure that all landlords take responsibility for the actions of their tenants.  This will make a real difference for the many people who have their lives blighted and communities dragged down by antisocial neighbours in private rented accommodation.

“The scheme will also bring benefits to private tenants.  By ensuring that landlords are vetted and are shown to be responsible, it will offer tenants – especially poor and vulnerable tenants – better protection.”
ENDS

Notes
The scheme would:

• Identify properties let by or on behalf of private landlords;
• Assess whether private landlords and their agents are fit to manage and will do so in a proper manner *;
• Allow local authorities to ask the sheriff to stop the rental income of landlords who let a house when they are not registered; and
• Make it an criminal offence to let out a private property without being registered. It is proposed that this would be punishable by a fine up to level 5 (£5,000). This would be consistent with the level of fines for HMO Licensing and other purpose.

* How would the “fit and proper” test be carried out?
The local authority would make a judgement on the likely future behaviour of the applicant and any agent, given information about past behaviour.  That information could include:

• Any relevant unspent convictions declared by the applicant or agent or revealed by a criminal records check;
• Any evidence that the applicant had failed to take steps to ensure that antisocial behaviour was prevented or minimised in his properties;
• Evidence of relevant illegal acts, even if they had not resulted in prosecution;
• A significant history of relevant complaints which the local authority considers to be justified; and
• Information from other sources – such as an HMO licence or the applicant’s registration by another local authority.

It is possible that a person could be registered despite such evidence if, for example, he or she was a landlord who had contracted with a fit and proper agent to carry out relevant management functions.  Failure of the fit and proper person test would mean refusal of the application for registration.  Appeals would be possible.

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