Taxi Driver Online

Renfrewshire Council

To: Regulatory Functions Board

On: 22 March 2006

Report by
Director of Corporate Services

Registration of Private Landlords under the
Antisocial Behaviour etc (Scotland) Act 2004


1. Summary

1.1 For further background information reference is made to the report to the Housing, Environmental and Community Safety Policy Board on 20
September 2005. The purpose of this report is to update the Regulatory
Functions Board with regard to the registration of private landlords and advise of the Board’s role in this regard.

2. Recommendation

2.1 To approve the terms of this report.

3. Background

3.1 The Antisocial Behaviour etc (Scotland) Act 2004 gives local authorities additional powers to regulate rented properties in Scotland. Under Part 8 of the Act, all landlords and letting agents, apart from registered social landlords and some other exceptions must register with a local authority. In order to be registered, the local authority must be satisfied that the applicant is a fit and proper person. The Act lists various factors which the local authority must take into account in making that decision. It will be an offence for a landlord to let any residential property without being registered.
3.2 In Renfrewshire, there are approximately 2,000 private landlords who require to be registered. Each landlord holds an average portfolio of approximately 1.5 properties and those properties will be listed in the register. The registration scheme becomes live as from the end of April but applications can be submitted prior to that date. The Scottish Executive is providing support for the Scheme including a website for on-line applications and it is expected that the majority of landlords will apply for registration via this on-line system.

3.3 The registration scheme is intended to be “light touch” and this is
understandable given the large number of landlords who will require to be
registered. However, as indicated in the previous report to the Housing,
Environmental and Community Safety Policy Board some of the legislation has been poorly thought through and has lacked the usual vigorous consultation and scrutiny. Furthermore the implementation of the scheme, which has been led by the Executive, has been rushed and representations have been made by officers of this Council to COSLA in this regard.

3.4 Despite the foregoing, the introduction of the registration of private landlords is a useful tool for the Council in the combat of antisocial behaviour. It is aimed at the suitability of individuals to act as landlords (not the suitability of any of his/her properties) and for the first time gives local authorities an effective means of dealing with the worst performing landlords who, by their behaviour and attitude, mismanage their properties, or fail to act in respect of their antisocial tenants and cause misery for their own tenants, other tenants, neighbours and communities.

3.5 As mentioned failure to apply for registration will be a criminal offence. In addition, if a person does not register or is refused registration, then the Council can serve on the landlord a Rent Penalty Notice. This Notice removes from the landlord his entitlement to charge rent and is therefore a very powerful sanction.

3.6 All applications for registration will be considered against a database which holds information from Council Departments relating to antisocial behaviour. Any landlord whose personal or property details are held on that database will have his/her application diverted for further scrutiny. In addition, and although not required by the regulations, it is intended that police checks be carried out in connection with all applications in order that any relevant convictions are considered.

3.7 It is proposed that officers (as currently allowed for in the Scheme of
Delegation) only grant registrations when there are no adverse factors to
consider in connection with an application. Where there are adverse factors to consider (such as convictions) then the application will be referred to this Board for a hearing.

3.8 The Executive have set the principal application fee for registration at £55 and this is subject to numerous discounts. It is unlikely that the income which is derived from the registration scheme will be sufficient to meet the costs associated with it. This has been recognised by the Scottish Executive who have recently awarded the Council a start up grant of £29211 for the period 1 February 2006 until 30 June 2006. Further funding has been committed by the Executive to cover future costs but the amount is yet unknown. Much of the funding will be utilised for publicity purposes and enforcement particularly in identifying landlords who require to be registered.

Implications of this Report

1 Financial Implications
It is expected that the income derived from application fees together with
grant funding will allow for the scheme to be self funding.

2. Personnel Implications

The registration scheme will be administered within the Department of
Corporate Services. The extent of the implications for existing resources are not fully known but given the income derived from the Executive grant and application fees, additional staff can be appointed if required.

3 Community Plan Implications

Modernising government -None.

Social inclusion -The raising of standards in the private rented sector allows for a more secure environment for the more vulnerable members of society.
Sustainable development -Effective management of the private letting sector will ensure the more effective management of resources generally.

4 Legal Implications

As detailed in the report.

5 Property Implications -None.

6 Information Technology Implications

The Scottish Executive has provided significant resources in respect of the IT system to be utilised for on-line applications.

7 Equal Opportunity Implications -None.

Shi*, no point in moving then?

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All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

How long before 'fit & proper person' checks before you get on the voters roll ?

Can't see it happening.

I mean where would Labour get it's voters from?

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IDFIMH

Apparently, the people who "Lent" Blair Millions, have been adjudged as "not fit and proper" to be peers. Would they get a minicab drivers badge in London?

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Former taxi driver

Apparently, the people who "Lent" Blair Millions, have been adjudged as "not fit and proper" to be peers. Would they get a minicab drivers badge in London?

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Former taxi driver

I'm getting double vision.
I'm getting double vision.

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Former taxi driver

Well I think there is in a way - you can't vote if you're a prisoner, if I remember correctly?

But of course what's deemed fit and proper depends on what the individual is being judged for, as Jimbo's others post demonstrates.

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Taxi Driver Online
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