The landlord registration scheme had its origins in the Antisocial Behaviour (Scotland) Act 2004 which required registration of all private landlords.  As a result of which, private landlords have been required to register with their local authority since the end of April 2006.

The stated intention of the requirement is to ensure that all private landlords meet minimum standards and to remove the worst landlords from the sector.

The Scottish Government has commissioned and published an Evaluation of the Impact and Operation of Landlord Registration in Scotland.

The research (carried out by DTZ) includes the following findings:

• The registration scheme has had some impact in meeting its goals of raising management standards in the private rented sector with private sector landlords now more aware of their there obligations.
• Registration has not succeeded in  removing  the ‘worst’ landlords from the sector
• Local authorities have adopted a ‘light touch’ approach to implementing the scheme with advice and information being the main focus in encouraging landlords to join.
• Not all local authorities have landlord and tenant awareness strategies in place and not all local authorities have established performance and monitoring systems.
• Overall the view was that there are few sanctions available when landlords do not comply.
• Whilst there is evidence of effective administration and sound management within local authorities, a simpler and more effective administration system would enable greater levels of investigation and enforcement activity.

The following recommendations were also included:

• The Scottish Government should be explicit about the purpose of the landlord registration and this should be communicated clearly to local authorities, landlords, private sector tenants and the general public.
• Local authorities should develop landlord and tenant awareness raising strategies where not already in place and should develop more systematic performance and monitoring systems.
• Local authorities should carry out random sample checks on landlords to check that information on application forms is accurate.
• The landlord registration scheme should be more formally constituted with clear levels of responsibility demarcated for both the Scottish Government and local authorities.
• Local authority guidance should be updated and clarified.

The report is available from the Scottish Government here.