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Private Rented Housing Scotland Act 2011

Private Rented Housing Scotland Act 2011

Are you ready for the Private Rented Housing Scotland Act 2011? The Scottish Parliament doesn't like to make life easy for us by just bringing a whole Act into force at the same time. Instead, they like to test a lawyer's ability to keep up to speed, by bringing certain parts into force in dribs and drabs. As a landlord, are you ready for the Private Rented Housing (Scotland) Act 2011?

On 31 August the following provisions will come into force:

  • A local authority can require an applicant for landlord registration to provide a criminal record certificate, in order to pass the 'fit and proper' test. This will only be where the local authority has reason to believe that the information they hold on the register in relation to offences committed by the applicant (such as those involving fraud or dishonesty, violence or drugs) is, or has become, inaccurate
  • The maximum penalty for acting as an unregistered landlord, as well as for certain offences in relation to Houses in Multiple Occupation, will increase to a whopping £50,000
  • To serve an AT6 or not to serve an AT6? Finally, the situation will be made clear. As of 31 August, where a landlord intends to repossess a property on the basis of their right to do so under Section 33 of the Housing (Scotland) Act 1988, they do not have to serve an AT6 alongside the Section 33(1)(d) Notice
  • The Act makes provision for a landlord to provide a tenant with an information pack, at the start of any short assured tenancy. These provisions will be coming into force on 31 August, but only in so far as to enable the Scottish Ministers to specify what documents will actually be required in these packs. Rather unhelpfully, the Act itself doesn't specify this. There will then be a further Order made by Parliament outlining when a landlord will actually have to start providing these packs to tenant. Watch this space!

Feel free to get in touch with our LetLaw team if you have any queries.

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Authors

TC Young