2008 No. 403
The Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2008
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 83(3) and 87(4) of the Antisocial Behaviour etc. (Scotland) Act 20041 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2008 and come into force on 12th February 2009.
Amendment of the Private Landlord Registration (Information and Fees) (Scotland) Regulations 20052
1
The Private Landlord Registration (Information and Fees) (Scotland) Regulations 20052 are amended as follows.
2
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.”.
3
For Schedule 2 substitute–
SCHEDULE 2FEES FOR REGISTRATION
1Fees
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 20053, 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.
5Discounts – principal fee
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.
6Exemptions – agent fee
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 20014.
7Discounts – agent fee
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.
8Additional fee
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”).
9Internet applications – further discount
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.
(This note is not part of the Regulations)