Are All Landlords Required By Law To Be Registered?


#1

My partner has recently started a new tenancy. Due to her poor credit rating she was relieved to find a landlord who did not carry out a credit check on her but the downside is she does not have a tenancy agreement from him, it was a handshake agreement.

I expressed my concerns about this and it turns out her new landlord is not registered. The property does not have smoke and CO2 detectors installed, 5 lever mortice locks, etc.

Is it a legal requirement in Scotland for all private landlords to be registered? This individual apparently owns three other rental properties.


#2

Yes all landlords have to registered. She should also have smoke alarms, CO2 monitors and yearly gas checks. Her landlord is breaking the law and is liable for thousands of pounds in fines.


#3

Thanks Denise that is what I had thought.


#4

Isn’t it a requirement of PRTs* to provide the tenant with a tenancy agreement?
And it must include the statutory terms.

https://www.scottishhousingnews.com/article/model-tenancy-agreement-for-new-private-residential-tenancy-published (Oct 2017)

“Any tenancy agreement which fails to include the statutory terms could be subject to a complaint to the First-tier Tribunal. The First-tier Tribunal has the power to draw up a document which correctly reflects the terms of the tenancy and order the landlord to pay the tenant an amount not exceeding 3 months’ rent."

So tenants certainly have the power to challenge a tenancy agreement which is misleading or not fit for purpose. They should go here to apply:
https://www.housingandpropertychamber.scot/apply-tribunal

  • A new tenancy created on or after 01 Dec 2017 is the new Private Residential Tenancy (PRT). A NEW tenancy is not any tenancy that started on or after 01 Dec 2017. It wouldn’t include a renewed SAT for example.