Regulation 2 Amendment of the Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005

The Private Landlord Registration (Information and Fees) (Scotland) Regulations 2005^f1 are amended as follows.

In regulation 4(2) for the words after “the fee shall be” substitute “the property fee described in paragraph 1(b) of Schedule 2, subject to any exemption applicable in terms of paragraphs 2 to 4 of that Schedule and less any discount applicable in terms of paragraph 9 of that Schedule.”.

For Schedule 2 substitute–

“SCHEDULE 2

FEES FOR REGISTRATION

Regulations 1, 3 and 4

Fees

1

Subject to the following paragraphs of this Schedule, the fee charged for registration under section 83 of the 2004 Act comprises–

(a)

a principal fee of £55 (“the principal fee”);

(b)

a property fee of £11 for each house in terms of section 83(1)(b) of the 2004 Act (“the property fee”); and

(c)

where the applicant has specified another person under section 83(1)(c) of the 2004 Act, a fee of £55 (“the agent fee”), in addition to the principal fee.

Exemptions – principal and property fees

2

Where the application is submitted by a body entered in the Scottish Charity Register, kept under section 3 of the Charities and Trustee Investment (Scotland) Act 2005^f2, no principal fee or property fee is due.

3

Where the application is submitted by a person who is the holder of a current HMO licence issued by the authority to which the application is submitted, no principal fee is due and no property fee is due in respect of any house which is included in that licence.

4

Where the application is submitted by a joint owner of the house, who is not the lead owner of it, no principal fee or property fee is due.

Discounts – principal fee

5

An applicant who requires to pay the principal fee may claim either (but not both) of the following discounts:

(a)

where an application is made to more than one local authority at the same time, using the internet-based application system, 50% of the principal fee in each case; or

(b)

where an application is made to a local authority, using the internet-based application system, and the applicant is currently registered by another local authority, or has submitted an application to another local authority and has not been notified of a decision on it, 50% of the principal fee.

Exemptions – agent fee

6

The agent fee shall not be due if the specified person–

(a)

is already registered under section 84 of the 2004 Act by the local authority to which the application is submitted;

(b)

has made a valid application under section 83 of the 2004 Act to be so registered by that authority;

(c)

would be exempt, as provided by paragraph 2 or 3, from payment of a principal fee if that person were the applicant; or

(d)

is a local authority or a body registered as a social landlord in terms of section 57 of the Housing (Scotland) Act 2001^f3.

Discounts – agent fee

7

An applicant who requires to pay the agent fee may claim either (but not both) of the following discounts–

(a)

where the specified person acts for the applicant in respect of houses in more than one local authority area, and the application is made to more than one local authority at the same time, using the internet-based application system, 50% of the agent fee in each case, or

(b)

where the specified person is registered by a local authority other than that to which the application is submitted, or has submitted an application to such a local authority and has not been notified of a decision on it, 50% of the agent fee.

Additional fee

8

Where the application is submitted only after the local authority has issued two separate requests for an application to be made, an additional fee of £110 is payable (“the additional fee”).

Internet applications – further discount

9

Where the applicant submits the application using the internet-based application system, the total fee charged (after any discounts and exemptions) shall be reduced by 10%, but no such discount shall be given in respect of any additional fee charged in pursuance of paragraph 8.”.