Please see the letter from Kevin Stewart Minister for Local Government, Housing and Planning which sets out the Scottish Governments position following the statement on 18 March 2020 by Aileen Campbell MSP, Cabinet Secretary for Communities and Local Government.
This site provides landlords, tenants and agents with information concerning Landlord Registration in the Outer Hebrides.
To find out more about the Landlord Registration scheme, please follow the links on this page. If you would simply like to speak to a Registration Officer, please Contact Consumer and Environmental Services
Please download our Private Landlord Bulletin (2.4MB) (Opens in a new window or downloads a file)
Who Has To Register
Anyone who owns residential property in Scotland which is let must apply to register with the local authority for the area where the property is located, unless they are covered by one of the exemptions (see below). It is the owner of the property who must register.
Exemptions apply to properties rather than to people. Exemptions include if the property is:
- the only or main residence of the landlord, where there are not more than 2 lodgers
- let under a crofting tenancy
- occupied under a liferent
- used for holiday lets only
- let to members of the landlord’s family only
- held by an executor for a period less than 6 months
- possessed by a heritable creditor for a period less than 6 months
For further information about exemptions, please Contact Us.
Registration is NOT considered valid until full payment is received. Payment must be made when registering online through the Scottish Government Registration (Opens in a new window or downloads a file) website. If you wish to submit a paper application, payment can be made via the Comhairle website's payment portal under 'Miscellaneous Payments' (Opens in a new window or downloads a file), by telephone on 01851 600 502, or by cheque / cash at a Customer Service Point (Opens in a new window or downloads a file).
How Do I Register?
Register online at the Scottish Government's Landlord Registration (Opens in a new window or downloads a file) site.
Complete an application form:
Legionella – Landlords Responsibility
Landlords have a legal duty to ensure that the risk of exposure of tenants to legionella is properly assessed and controlled. They can carry out a risk assessment themselves if they are competent, or employ somebody who is. A risk assessment template is available here
A simple risk assessment may show that there are no real risks from legionella, but if there are, implementing appropriate measures will prevent or control these risks. . If the assessment shows the risks are insignificant and are being properly managed to comply with the law, no further action may be required, but it is important to review the assessment periodically in case anything changes in the system. Simple control measures can help manage the risk of exposure to legionella and should be maintained, such as:
- flushing out the system before letting the property;
- avoiding debris getting into the system (e.g. ensure the cold water tanks, where fitted, have a tight-fitting lid);
- setting control parameters (e.g. setting the temperature of the calorifier to ensure water is stored at 60 °C);
- making sure any redundant pipework identified is re-moved;
- advising tenants to regularly clean and disinfect shower-heads.
The HSE has published Revised Guidance for Landlords (Opens in a new window or downloads a file) alongside other useful information.
Landlords have a duty to include certain information in advertisements. To prevent unregistered landlords from advertising their properties, The Private Rented Housing (Scotland) Act 2011 requires that all adverts for properties for let must include the landlord registration number or, in the case of landlords whose application is yet to be determined, the phrase ‘landlord registration pending’.
Reusable ‘To Let’ boards are exempt from this due to the costs for landlords. Where there is more than one owner of a property, only one landlord registration number needs to be included in the advertisement.
For a registered landlord the sanction for failing to include a registration number is that they may be removed from the register. For an applicant whose application is yet to be determined, the sanction is that the application may be refused.
All houses in Scotland available to rent or for sale must have an Energy Performance Certificate (Opens in a new window or downloads a file) (EPC).
Section 11 Notifications
Landlords and creditors are legally obliged to notify the local authority when they take action which put the household at risk of homelessness due to eviction. This duty arises from Section 11 of the Homelessness Etc (Scotland) Act 2003. (Opens in a new window or downloads a file)
The duty aims to prevent a homeless crisis. Households at risk are able to be offered help at an early stage. If the household acts on this, it may be possible to prevent homelessness.
All landlords must notify the relevant local authority when they raise proceedings for possession of a home. The duty applies at the point when a landlord raises proceedings in the Sheriff Court. A template for issuing a Section 11 notice is available below:
If you require further information for the Outer Hebrides please Contact Us for advice.
Further information on Renting Out Your Home (Opens in a new window or downloads a file)
For more information on Scottish Landlord Register (Opens in a new window or downloads a file)