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APPLICATION FOR LANDLORD REGISTRATION

Under the Antisocial Behaviour etc (Scotland) Act 2004You can use this form to apply for registration as a landlord or landlord’s agent with Stirling Council. There are notes at the end to help you. For more information or advice, please contact Stirling Council on 01786 237678 or email [email protected]

Payment must be made at the time of application. The principal fee for registration is £66 plus £15 per property. You can also apply online at www.landlordregistrationscotland.gov.uk.

You must register with each local authority in whose area you let property. If you own properties in more than one area, you can use the online application system to register in all authorities in one application, and this will reduce the total fee that you will have to pay.

The aim of landlord registration is to ensure that all private landlords and agents in Scotland are ‘fit and proper’ to be letting residential property (see Note 1). The owner (including Joint Owners) of every let property must register, and must declare anyone who acts for them in relation to their letting. There are only a few exceptions from the requirement to register (see Note 2).

You can also register if you do not own any property, to show that you are ‘fit and proper’ to act as an agent, or before you invest in property for let.

Members of the public will be able to view each local authority’s register of landlords online at www.landlordregistrationscotland.gov.uk. By entering a landlord registration number of a person or company, they will be able to see whether you are registered. By entering the address of one of your properties they will be able to see your name and the contact address for you or your agent. This information can also be obtained by contacting the local authority. Local authorities can also provide the home or office address of any registered person or company, at the authority’s discretion.

When you have completed this form please return it to:

Landlord RegistrationPrivate Sector HousingRoom 10, Allan Water HouseKerse RoadStirlingFK7 7SG

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mailto:[email protected]

Section 1 - About the owner

You will need to have the following information to help complete this section:

your full name, any other names you may have or had (maiden or previous married names) and your date of birth

name of organisation and contact person.

company registration number or charity number.

current home address.

previous home addresses for past 5 years

email address and contact telephone number.

HMO licences and voluntary accreditations you hold in Scotland (if applicable)

details of any registration, licence or voluntary accreditation which has been refused or revoked in connection with letting in the UK.

details of any convictions (spent or unspent), and court or tribunal judgements issued against you under housing law, landlord and tenant law, or discrimination legislation. (See Note 3a)

details of any previous or current Repairing Standard Enforcement Orders issued by the Private Rented Housing Panel (see Note 3b).

details of any Antisocial Behaviour Order or Interim Antisocial Behaviour Orders served on you, or a tenant residing at any of your properties (see Note 3c).

details of any Antisocial Behaviour Notices served on you or any of your properties (see Note 3d).

Section 2 – Properties

You will need to have the following information to complete this section:

the address of each house you own which is let (including postcode) details of any agent(s) who act for you in relation to each property. Your agent must be

entered on the system first before you can add them to your application. Please ask for a registration number (for the relevant local authority). If your agent is not registered then contact your local authority for advice

details of any joint owners of each property. If the joint owner has already registered or applied for registration, please ask for their registration number (for the relevant local authority). All persons named on the Title Deeds of the property must be registered.

contact address for each property. This is the address tenants or neighbours can use to get in touch about the property. It may be an agent’s / home or office address.

Section 3 - About Joint owners

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All owners on the title deeds of property are required to apply for registration in order to comply with the law. You will need to have the following information to help complete this section:

If the joint owner has not yet applied for registration, ask them to fill in their details If the joint owner has already applied for registration, enter their reference number

Details of any other licences held

HMO licence number

Any relevant convictions (spent and unspent)

Accreditations held, e.g. membership of a local or national scheme

If there is more than one joint owner they will need to complete a separate application form.

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Useful information

If a property is jointly owned then a ‘lead’ owner should be designated by the owners from amongst their number. The lead owner will pay both the principal fee and the property fee(s) for each of the jointly owned properties. Any joint owner who is not the registered ‘lead’ joint owner is exempt from paying both the principal fee and any property fees for the jointly owned properties.

About Agents

From 31 January 2018, a new Register of Letting Agents in Scotland was created. All letting agents in Scotland must have applied to join the Register by 1 October 2018. From 1 October 2018 it will be an offence for a letting agent to work without having applied to be on the Letting Agent Register. The Register of Letting Agents is run by the Scottish Government and in order to register a letting agent must pass a fit and proper person test.

If you use an agent to manage any of your properties, you will need to ask your agent for their registration number e.g. LARN123456 or their application number whilst their application is being considered.

If a family member or friend manages your properties for you, whether they need to register on the Letting Agent Register depends on the exact circumstances of the arrangement you have in place -

If they help with the letting and management of a property that's owned by a family member or friend they won't usually be expected to register if:

they’re making no money from it - not charging a fee or being paid (no commercial gain) it isn't part of your business

they only occasionally help out

They would still need to register as an agent under Landlord Registration.

Please note that if your agent, (including family members and those with Power of Attorney) is not already registered then you will need to pay for them to be assessed as fit and proper. This will cost you a further £66 in addition to your own registration fee.

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Section 1 – About You

Application for -

Lead owner Joint Owner Agent Other e.g POA

Are you registering for the first time? Yes No

If no, are you renewing or amending an existing registration? (including registering a new property)

Yes No

If yes, please provide your registration or application number

Title

First name

Other names

Surname

Date of birth

Please also list any other names by which you are, or have been, known (including maiden name).

Organisations – Please only complete if registering as a company or organisation

Organisation name

Company registration number (if applicable)

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Organisation contact person

Position in Organisation

Is this organisation a registered charity? Yes No

If so, please enter the charity registration number

All Applicants -

Current Address Details - Please provide us with your present address including postcode

Postcode:

When did you move here? For example, 03 1980

Previous Address Details: Please give any other addresses where you have lived within the last 5 years, including postcode. Please continue on a separate sheet if necessary.

Postcode:

When did you move here? For example, 03 1980

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Month Year

Month Year

Contact Telephone Number (Mandatory)

Email address. (If you enter an email address we will use this to contact you in most circumstances, including issuing Renewal Reminders)

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Convictions / Accreditations

To be registered, owners and their agents must be fit and proper to let residential property. Local authorities must take account of any evidence that the person has

Committed any offence involving fraud, dishonesty, violence, drugs, firearms, or sexual

offences

Practiced unlawful discrimination in connection to any business

Contravened any provision of the law relating to housing, or landlord and tenant law.

In addition to the information provided on the form, the local authority will also take account of any other relevant information they hold about the applicant.

If you are unsure whether you need to declare a spent or unspent conviction or court or tribunal judgement found against you, please contact your local authority for

further advice.

Do you have any spent or unspent convictions, involving any of the following: - (see Note 3a)

Fraud Violence

Drugs

Discrimination

Firearms

Sexual offences

Contravention of housing law

Yes No If yes, please provide details in Table (i) below

Have you had any court or tribunal judgements found against you under - (see Note 3a)

Housing law Landlord or tenant law

Discrimination legislation

Yes No If yes, please provide details in Table (i) below

Table (i)

Conviction or description of Date Court or tribunal which heard the case

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case

Do you have any previous or current Repairing Standard Enforcement Orders issued by the Private Rented Housing Panel? (see Note 3b)

Yes No If yes, please provide dates and description of the case below

Have you, or a tenant residing at any of your properties, ever been served with an Antisocial Behaviour Order or an Interim Antisocial Behaviour Order? (see Note 3c)

Yes No If yes, please provide details below

Date Court Local Authority (Optional)

Please indicate whether it was you or your tenant who was served with the Order.

Have you, or any of your properties, ever been subject to an Antisocial Behaviour Notice? (see Note 3d)

Yes No If yes, please provide details below

Date Local Authority

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Do you hold any registrations or licences (see Note 4) in connection with letting houses anywhere in the UK?

Yes No If yes, please provide details in Table (ii)

Have you had any such registrations or licences refused or revoked?

Yes No If yes, please provide details in Table (ii)

Table (ii) Please give details of any registrations or licences held, refused or revoked

Description Awarded by Held/refused/ revoked

Date awarded/ refused/revoked Reference no

Do you hold any voluntary accreditations (see Note 4) in connection with letting houses anywhere in the UK?

Yes No If yes, please give details below -

Description Awarded by Date Local authority approving the scheme Reference no

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Landlord Obligations

Repairing and tolerable standard

As a landlord you must ensure that any privately rented properties comply with the repairing and tolerable standard throughout the tenancy.

This applies to all landlords including those that use an agent or letting agent to manage their properties.

As a Landlord, please confirm you have read, understood and comply with your obligations;

Yes No

Further information

If you are renting a property in Scotland, as the landlord you are solely responsible for ensuring your property meets the required legislative standards as outlined in:

The Repairing Standard - this is a basic level of repair that all private rented properties must meet. More detail about the standards a property must meet are outlined at https://www.mygov.scot/landlord-repairs/repairing-standard/

The Tolerable Standard - this is a basic level of repair your property must meet to ensure it is fit for a person to live in. Local authorities can force you to carry out work to bring your property up to tolerable standard. More detail about the standard can be found at https://www.mygov.scot/landlord-repairs/tolerable-standard/

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https://www.mygov.scot/landlord-repairs/tolerable-standard/

https://www.mygov.scot/landlord-repairs/repairing-standard/

Your obligations

We want to ensure Landlords are undertaking their rental property obligations. It’s not a new regulation and most of you will be completing these. The maximum 12 questions that follow will help you check if all your obligations are being actioned. If you answer no, we won’t stop you progressing. Instead your Local Authority may contact you with regard to a no answered question.

Before you start you’ll need to find any relevant documents and certificates for your rental property or speak to your letting agent to confirm these obligations have been completed.

We want to ensure Landlords are undertaking their rental property obligations. It’s not a new regulation and most of you will be completing these. The maximum 12 questions that follow will help you check if all your obligations are being actioned. If you answer no, we won’t stop you progressing. Instead your Local Authority may contact you with regard to a no answered question.

Further information

If you need to discuss your rental obligations with a letting agent, this list of subjects for the maximum 12 questions which follow may help;

Gas safety Electrical safety Electrical appliance test Fire, smoke and heat detection Carbon monoxide detection Public water supply Private water supply (if not supplied by Scottish Water) Energy performance Legionella risk assessment Rental property insurance Common repairs Tenancy deposit

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Gas safety

Do you have a current gas safety certificate for all your rental properties that use gas?

Yes No Not applicable

It must be renewed annually.

Is this question applicable to you?

This question will always be applicable to you if your properties have a gas supply or appliances. It is only not applicable if you:

Currently have no properties If your properties have no gas supply or gas appliances

Further information

Gas safety

There were 5,310 reported fires in dwellings (e.g. houses, flats and maisonettes) in 2017/18 in Scotland. Fires can have a devastating effect on the lives of people and resulted in around 44 deaths and 1,113 injuries in 2017/18. According to national fire statistics dwelling fires in which smoke alarms raise the alarm continue to:

be discovered more rapidly (less than 5 minutes) after ignition; and be associated with lower fatal casualty rates.

Source - Scottish Government

As a landlord it is a legal requirement to provide a Gas Safety Certificate for your property for the current year and to check and retain your gas certificate for the previous 2 years. This certificate confirms that the gas installation is safe and all gas appliances are safe and free from danger.

Many homes are supplied with gas for heating, hot water and for cooking. Whilst these appliances are highly convenient, if not well maintained, they can become dangerous. A regular gas safety check can ensure there is no risk to the occupants due to the gas supply, and that all pipework, flues and appliances are installed and maintained correctly.

If you rent a property, you are legally obliged to commission an annual gas safety check.

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Electrical safety

Do you have a current Electrical Installation Condition Report (EICR) or a current Electrical Installation Certificate (EIC) for all your rental properties that use electricity?


It must be renewed every 5 years.


This question will always be applicable to you if your properties have electricity. It is only not applicable if you:

Currently have no properties If your properties have no electricity

Further information

Electrical Installation Condition Report (EICR)/Electrical Installation Certificate (EIC)

According to Scottish Government statistics, 69% of all the accidental fires in Scottish homes (more than 3,400 annual) are caused by electricity.

As a landlord you are required to ensure that regular electrical safety inspections are carried out by a competent person, and that anything that fails to pass the inspection is replaced or repaired immediately.

As a minimum, an electrical safety inspection must be carried out:

Before a tenancy starts, and During the tenancy, at intervals of no more than 5 years from the date of the

previous inspection.

A copy of the most recent electrical safety inspection reports must be provided to both new and retained tenants.

The landlord is responsible for ensuring the person completing an EICR/EIC is suitably competent.

Using members of an accredited registration scheme operated by a recognised body will give some degree of confidence that this has been achieved.

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Electrical appliance test

Where you have supplied electrical appliances have current portable appliance tests (PAT) been conducted in all of your properties?


As a maximum PAT must be conducted every 5 years.


This question will always be applicable to you if your properties have electrical appliances. It is not applicable if you:

Currently have no properties You have not supplied electrical appliances in your rental properties

Further information

Electrical appliance test obligations

Independent research carried out by Electrical Safety First indicates that private tenants are more likely to be at risk of electric shock or fire caused by electrical appliances than owner occupiers. For more information visit their website https://www.electricalsafetyfirst.org.uk/guidance/advice-for-you/landlords/

Portable Appliance Testing or PAT Testing is the process of checking electrical appliances for safety through a series of visual inspections and electronic tests.

The best way of ensuring that your appliances are safe is to have a PAT test carried out on them. This is a good way for you as a landlord to ensure that you are meeting your legal obligation to maintain high standards of electrical safety in your rented property.

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https://www.electricalsafetyfirst.org.uk/guidance/advice-for-you/landlords/

Fire, smoke and heat detection

Does every property you rent out meet current statutory guidance for provision of fire, smoke and heat detection?



This question will always be applicable to you if you currently rent out a property. It is not applicable if you currently have no properties.

Further information

Fire, smoke and heat detection

There were 5,310 reported fires in dwellings during 2017/18 in Scotland, rapid detection of fires has a big impact on the safety of people.

As a landlord it is your responsibility to comply with the repairing standard order concerning fire, smoke and heat alarms. In order to comply there should be at least:

one functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes (normally the living room/lounge),

one functioning smoke alarm in every circulation space on each storey, such as hallways and landings, or in main room if no landing in upper storey,

one heat alarm in every kitchen, all alarms should be ceiling mounted, and all alarms should be interlinked.

For further detailed information please see https://www.gov.scot/publications/fire-safety-guidance-private-rented-properties/

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https://www.gov.scot/publications/fire-safety-guidance-private-rented-properties/

https://www.gov.scot/publications/fire-safety-guidance-private-rented-properties/

Carbon monoxide detection

Does every property you rent out meet statutory guidance for carbon monoxide alarms?



This question will always be applicable to you if your properties have appliances that use carbon based fuel. It is not applicable if you:

Currently have no properties If your properties have no appliances that use carbon based fuel

Further information

Carbon monoxide statutory guidance

Carbon monoxide is a colourless, odourless and tasteless gas. Low levels of CO gas can be present in the atmosphere. It is highly toxic and dangerous to humans and animals in higher quantities. The gas is produced in high levels from appliances where incomplete combustion of a carbon based fuel occurs. Incomplete combustion could occur in appliance installations that are defective, lack proper maintenance or have inadequate provision for combustion air. Where CO gas occurs within a building early detection and warning can play a vital role in the protection and safety of the occupants. This is particularly important in buildings with sleeping accommodation.

In order to alert occupants to the presence of levels of CO gas which may be harmful to people, you as a private landlord have an obligation to ensure that a detection system is installed in all properties you rent where there is:

fixed combustion appliance (excluding an appliance used solely for cooking) or a fixed combustion appliance in an inter-connected space, for example, an integral

garage a combustion appliance necessarily located in a bathroom ( advice would be to

locate it elsewhere ) - the CO detector should be sited outside the room as close to the appliance as possible

CO detectors should be powered by a battery designed to operate for the working life of the detector. The detector should incorporate a warning device to alert the users when its working life is due to expire and should be replaced on or before the expiry date. Hard wired mains operated CO detectors with fixed wiring (not plug in types) may be used as an alternative, provided they are fitted with a sensor failure warning device.

For further information please visit https://www.gov.scot/publications/carbon-monoxide-alarms-in-private-rented-properties-guidance/

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https://www.gov.scot/publications/carbon-monoxide-alarms-in-private-rented-properties-guidance/

https://www.gov.scot/publications/carbon-monoxide-alarms-in-private-rented-properties-guidance/

Public water supply

Does Scottish Water supply your rental properties?


If you have answered no, please answer following question -

Private water supply

Does the private water supply (ie not provided by Scottish Water) in all your rental properties meet the required regulations?



This question will always be applicable to you if your property has a water supply, it is not applicable if you currently have no properties

Further information

Water supply

As a landlord in Scotland you will find most of your properties are supplied by Scottish Water. Approximately 3% of the Scottish population uses a private water supply for drinking water. Many more people encounter private supplies in remote parts of Scotland.

The water intended for human consumption (Private Supplies) (Scotland) Regulations 2017 came into force in October 2017, and are regulated and enforced by the local authorities.

The main objective of the regulation is to ensure the provision of clean, safe drinking water and to deliver significant health benefits to those using private water supplies.

For further information please visit http://dwqr.scot/private-supply/regulatory-information/

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http://dwqr.scot/private-supply/regulatory-information/

Energy performance

Do you have a valid Energy Performance Certificate (EPC) available for new tenants?



This question will always be applicable to your properties. It is not applicable if you have no properties

Further information

Energy performance

The Scottish Government is committed to improving the energy efficiency of homes in the private rented sector and on 2 May 2018 announced minimum energy efficiency standards for private rented properties. The standards form part of the Energy Efficient Scotland programme which aims to ensure homes and buildings are warmer, greener and more efficient. You can read more about this programme in the Energy Efficiency Scotland route map https://www.gov.scot/publications/energy-efficient-scotland-route-map/

Energy Performance Certificates (EPCs) provide information on how energy efficient your building is, and how it could be improved. Buildings are rated on a scale from A to G, with A being the most efficient. Information is also provided on measures which could be made to improve the energy efficiency and an indication of the cost for each improvement.

Landlords must produce an EPC when a property is being rented to a new tenant.

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https://www.gov.scot/publications/energy-efficient-scotland-route-map/

Legionella risk assessment

Has a Legionella risk assessment been carried out on every rental property and have safety concerns been addressed?



This question will always be applicable to your properties. It is not applicable if you have no properties

Further information

Legionella assessment

Legionnaires' disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella. All water systems can provide an environment where Legionella may grow.

The landlord has a duty to ensure a legionella risk assessment is carried out on their properties. This is to help guard their tenants against any risk of getting the illness from contaminated water.

For more information please see https://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm

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https://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm

https://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm

Rental property insurance

If you rent out a property that is a flat/tenement, do you have the appropriate buildings insurance?



This question will always be applicable to your properties. It is not applicable if you:

Currently have no properties You do not live in a flat/tenement

Further information

Rental property insurance

If renting out a property in Scotland in some circumstances you will be responsible for insuring the reinstatement of the building housing the tenement/flat.

Tenements and flats must be insured, these are defined as buildings with two or more properties that are divided from each other horizontally.

For example: split villas and blocks of 4 flats must be insured, semi detached houses and terraced houses do not need to be insured by the landlord.

The Tenement Scotland Act outlining the full details came into force in 2004 https://www.legislation.gov.uk/asp/2004/11/contents

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https://www.legislation.gov.uk/asp/2004/11/contents

Common repairs

If you rent out your properties are you aware of your obligations for any common repairs?




Currently have no properties You do not live in a flat/tenement

Further information

Common repairs

As a landlord you are responsible for repairing common areas, for example:

the ground (solum) on which your building stands (but not always the garden) the foundations the external walls - but individual owners are responsible for the part of these

walls that lies in their flat the roof (including the rafters) other structural parts of the building such as beams, columns and load

bearing walls the close and stairs (when they are not mutual) staircases in blocks of flats.

In some cases a property factor may have been employed to take charge of repairs and maintenance of a block of flats or a tenement. Even in this case ultimate responsibility still sits with the Landlord.

To find out exactly what applies in your building, you need to read your Title Deeds. You can find a copy of your title deeds at https://scotlis.ros.gov.uk

For further information please visit: https://www.gov.uk/private-renting/repairs

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https://www.gov.uk/private-renting/repairs

https://scotlis.ros.gov.uk/

Tenancy deposit

If you plan to take or have taken a deposit are you aware of your tenancy deposit obligations?




Currently have no properties You have not taken a tenancy deposit

Further information

Tenancy deposit

As a Landlord if you take a deposit from a tenant you must lodge it with one of the three government backed tenancy deposit schemes (TDP) that started after 6 April 2007:

Letting Protection Service Scotland Safe Deposits Scotland My Deposits Scotland

The deposit must be lodged within 30 days of being received.

For more information please see: https://www.mygov.scot/renting-your-property-out/tenancy-deposits-and-moving-in/#rent-and-deposits.

If you wish to register property in the Stirling Council area, please continue to Section 2.You must register every house you own which is subject to a lease or occupancy agreement, but you can also

register if you do not own any property.

If you do not wish to register any property, please go to Section 3.

Section 2 – Properties

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https://www.mygov.scot/renting-your-property-out/tenancy-deposits-and-moving-in/#rent-and-deposits

https://www.mygov.scot/renting-your-property-out/tenancy-deposits-and-moving-in/#rent-and-deposits

LARN

Please use this section to enter details of each of your properties, including postcodes. If you have more than one property, please provide the details on a separate sheet and attach to this form.

Postcode:

Is this property a House in Multiple Occupation? (see Note 5)

Yes No If yes, please give the HMO licence number

Is this property an Accredited property?

Yes No If yes, please provide the accreditation number

Agent

An agent is anyone who acts for you in relation to a house you let. This may be a professional such as a letting agent or solicitor, or a friend or relative who looks after the property, arranges repairs, collects rents and so on. You must declare any agent you use, your application cannot be approved until both you and any agents you use have been approved.

Does an agent act for you in relation to this property? Yes No

If yes, has this person already registered, or applied for registration, with the Scottish Letting Agent Register?

Yes No If Yes - please provide their registration or application number

If No – please enter their name and address here, and ask them to complete a separate application form and return it to us. You will need to pay a fee for your agent (see Note 6)

Name

Address

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Joint Owners

All owners named on the title deeds of any let property must be registered individually; your application cannot be approved until all joint owners have been approved.

Do you jointly own this property with anyone else?

Yes No

If yes, has this person already registered, or applied for registration, with Stirling Council?

Yes No If yes, please provide their registration or application number

If no – please enter their name and address here. Each joint owner will need to complete a separate form and return it to us.

Title

First name

Other names

Surname

Date of birth

Address

Postcode:

Email Address:

Is this person a member of your family?

Yes No

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Public Contact Address

The public contact address is the address which will appear on the public register. It is the address that tenants or neighbours can use to get in touch with you regarding the property. It may be your agent’s address, your own home or office address, or another address you choose to use for this purpose.

Please note: the address provided must not be the rental property address

What is the contact address for this property?

Your address

Your agent’s address

Another address – please give details.

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Section 3 - Declarations

- I declare that I comply with all legal requirements relating to my letting of houses

Information on the law and good practice in letting is available from Stirling Council on 0845 277 7000, online on the Scottish Government website at: http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent/landlords/registration, and other sources. If in doubt about legal requirements you should consult a solicitor or professional letting agent.

- I declare that the information given in this form is correct to the best of my knowledge.

- I agree that Stirling Council may use other information it holds about me to determine whether I am a fit and proper person to act as a landlord, or to act for a landlord, in terms of the Antisocial Behaviour etc (Scotland) Act 2004.

- I agree that Stirling Council may share the information provided in this form, and other relevant information it holds about me, with other local authorities in Scotland to which I have applied for registration, to help those other authorities determine whether I am a fit and proper person to act as a landlord, or to act for a landlord, in terms of the Antisocial Behaviour etc (Scotland) Act 2004.

Signed

Date

Print name

Important

Anyone who gives false information on this form, or fails to give information required by this form, is committing an offence which could lead to prosecution.

The Council will notify you of the outcome of your application. You must inform the Council of any changes to the details entered on this form at any time while your application is being processed and during the period of registration. Registration lasts for 3 years from the date an application is approved.

Please note that it is a legal requirement to keep your registration details up to date. You can do this online at www.landlordregistrationscotland.gov.uk, by emailing

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http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent/landlords/registration

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent/landlords/registration

[email protected] or in writing to: Landlord Registration, Private Sector Housing, Room 10, Allan Water House, Kerse Road, Stirling, FK7 7SG

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mailto:[email protected]

Payment

Please see Note 6 and 7 for details on how much you have to pay for this application, and further advice on how to pay.

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Application Notes

Note 1

To be registered, landlords and their agents must be ‘fit and proper’ to let residential property. Local authorities must take account of any evidence that the person has:

committed any offence involving fraud or dishonesty, violence, drugs, discrimination, firearms, or sexual offences,

practised unlawful discrimination in connection with any business

contravened any provision of the law relating to housing, or landlord and tenant law

and the person’s actions, or failure to act, in relation to any antisocial behaviour affecting a house they let or manage.

In addition to the information provided on the form, Stirling Council will also take account of any other relevant information they hold about you. They will make a balanced judgement on the basis of all the available information, there is no automatic refusal.

If you let property in more than one local authority area, the authorities will share information to ensure they have all relevant details, however each authority will make its decision independently.

Note 2

Exemptions apply to properties rather than to people. If all of a landlord’s properties in an area are covered by one or more of the exemptions, he or she does not need to register with that local authority. If some of the properties are exempt, the other properties must still be registered. A property is exempt from registration if it is:

the only or main residence of the landlord, where there are not more than two lodgers

let under an agricultural or crofting tenancy occupied under a liferent used for holiday lets only regulated by the Care Commission, in certain categories owned by a religious organisation and occupied by a leader or preacher of that faith occupied only by members of a religious order let to members of the landlord’s family only held by an executor possessed by a heritable creditor owned by a local authority or Registered Social Landlord.

If you are unsure whether an exemption applies to you, please contact the local authority for advice.

Note 3

(a) Any spent or unspent convictions for offences involving:

fraud / dishonesty violence

drugs

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discrimination

firearms (within the meaning of section 57 (1) of the Firearms Act 1968 (c.27))

sexual offences (within the meaning of section 210A (10) of the Criminal Procedure (Scotland) Act 1995 (c.46))

contravention of housing law (For further details on housing legislation, please see http://www.legislation.gov.uk/browse/uk)

Any court or tribunal judgements under:

Housing law Landlord and tenant law

Discrimination legislation. i.e.

The Equal Pay Act 1970 (c.41)

The Sex Discrimination Act 1975 (c.65)

The Race Relations Act 1976 (c.74),

The Disability Discrimination Act 1995 (c.50),

The Equality Act 2010 (c.15)

The Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661) or

the Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660).

If you are unsure whether you need to declare a conviction or court or tribunal judgement found against you, please contact your local authority for further advice.

(b) A Repairing Standard Enforcement Order made under s24 (2) of the Housing Scotland) Act 2006.

(c) An Antisocial Behaviour Order (ASBO), or interim order, within the meaning of Part 2 of the Antisocial Behaviour etc. (Scotland) Act 2004 served on you, or a tenant residing at any of your properties.

(d) An Antisocial Behaviour Notice (ASBN), within the meaning of Part 7 of the Antisocial Behaviour etc. (Scotland) Act 2004 served on you or any of your properties.

Note 4

There are various types of qualification or permission to let houses, which go by different names depending on the organisation which issues them, or the country where they apply. This form uses the following definitions:

Registrations or licences are required by law, and are issued by local or central government. In Scotland this applies to registration of all landlords under the Antisocial Behaviour etc (Scotland) Act 2004, and licensing of Houses in Multiple Occupation under part 5 of the Housing (Scotland) Act 2006. You should also include any similar permissions you hold in other parts of the UK.

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http://www.legislation.gov.uk/browse/uk

Voluntary accreditation is something landlords or agents can apply for to show that they meet high standards in letting. Accreditation schemes may be run by local authorities, landlord organisations or a combination of the two.

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Note 5

A property may be a House in Multiple Occupation (HMO) if:

at least three people live there, and the people who live there belong to three or more families, and they share a kitchen, bathroom or toilet.

All HMOs must be licensed by the local authority. If you think your property may be an HMO and you do not have a licence, please contact the local authority for advice.

Note 6

The fees for a registration application are made up of principal fees for each person applying, and a property fee for each property listed.

Principal fees

£66 for the main applicant

Property fees

£15 for each property.

Additional fee – Late applications

If two separate requests have been issued for an application (including renewal applications) to be made, applicants will be charged a penalty fee of £132 as well as the principal fee and property fees.

Agent fee

Where a landlord uses a managing agent who has not applied for registration, the landlord will be charged a principal fee of £66 for the agent. This is to allow the local authority to determine if that agent is fit and proper.

Fee Exemptions

Charities – Registered charities are exempt from paying both the principal fee and property fee although they are still required to register.

Joint Owners – Where there is more than one owner of a property, one of the owners will be designated the ‘lead owner’. The lead owner is responsible for paying the principle fee and the property fee; joint owners pay no fees, unless they are also a lead owner.

HMO Licence Holders – Where an application is submitted by a person who holds a valid HMO Licence from Stirling Council there is no principal or property fee to be paid. If the landlord also rents out non HMO properties a property fee for each non HMO must be paid.

Fee Discounts

Charities receive 100% discount and therefore do not pay a principal or property fee. When applying online, applications submitted to more than one local authority will receive a

50% discount of the principle fee (£33.00 per consecutive authority).

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If you are unsure how much your fee will be, please contact Stirling Council.

Note 7

Please note that your application is not valid until payment has been received by Stirling Council’s Private Rented Team. If you let property without making payment, you will be committing a criminal offence.

You can pay your application fees in the following ways*:

Maestro / Switch / Delta / Mastercard/Visa

By phoning the Private Rented Housing Team on 01786 237678 * Please note that we must be in receipt of your application form before we can accept a payment over the phone

Online

Please note that you have to register online to use this facility.

Visit www.landlordregistrationscotland.gov.uk - payment can be made by credit or debit card using the secure server; you can print a copy of the payment for your own records.

We recommend that landlords keep a full record of all registration payments made. By registering online, the total amount payable (a full purchase summary detailing all the submitted fees and discounts where applicable) will be calculated automatically.

By post (cheque or postal order)

You can send a cheque or postal order with your completed application form. Please make cheques payable to Stirling Council, and write your name, address and landlord registration number if you have one, on the back of any cheque payments.

If someone else is paying on behalf of the registered lead landlord, please ask the agent, friend or family member to write down who they are paying on behalf of, or provide details of the registration numbers if known. This allows us to identify the purchaser for each landlord and link the payment directly to the correct landlord.

Application forms must be sent with full payment to:

Landlord RegistrationPrivate Sector HousingRoom 10, Allan Water HouseKerse RoadStirlingFK7 7SG

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