The Private Rented Housing Bill was introduced to the Scottish Parliament on 5 October. The Bill can be found at:

http://www.scottish.parliament.uk/s3/bills/54-prHousing/index.htm

Key proposals are:-

Part 1 – Registration of Private Landlords

Changes are proposed to the criteria to be a “fit and proper person”. Convictions for fire arms or sexual offences or previous disqualifications under Housing legislation will be taken in to account. In certain circumstances the Local Authority may require production of a Criminal Record Certificate.

Displaying the Landlord registration number in advertisements will be mandatory.
The maximum penalty for operating as an unregistered landlord will be increased to £50,000

Part 2 – Houses in Multiple Occupancy

There will be provision to link the need for planning permission to the grant of an HMO Licence.

Local Authorities will be able to refuse to consider an HMO licence application if the use of the house as an HMO would be a breach of its existing planning consent.

Part 3 – Overcrowding – Local Authorities will have additional powers to deal with overcrowding.

Part 4 – Miscellaneous

Premiums – it is an offence to charge a tenant a premium for a tenancy but tenants may be confused about charges made and their legitimacy. Charges for the grant or renewal of a tenancy will be illegal.

Tenant Information Packs - landlords will have a duty to provide information to tenants about the tenancy and tenants’ and landlords’ rights and obligations. The Scottish Government will issue guidance on the content of the pack to ensure consistency.

Termination of a Short Assured Tenancy – despite the Housing (Scotland) Act 1988 being in force for over 21 years there is confusion amongst landlords, tenants, solicitors and housing professionals on the method of ending a Short Assured Tenancy.  The Bill seeks to clarify this.

The Private Rented Housing Panel – landlords have a duty to ensure their property meets certain standards but may be frustrated by tenants’ actions.  The Bill will give landlords the right to apply to the Private Rented Housing Panel for assistance in exercising rights of inspection and access.

For Further Information

The Local Government and Communities Committee is seeking written evidence on the general principles of the Bill. Written views of no more than four sides of A4 should be submitted by e-mail to lgc.committee@scottish.parliament.uk by 11 November 2010.

Should you require further information please contact Adele Nicol or Douglas Reid.

Date published: 26.10.10

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