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Legal& safe ?

My daughter is taking out a lease on a flat through Property Agents but I have checked & found out that the premises is not registered with the local council.
Is this legal & safe?

Regards,

N.
Never be afraid to take a profit. ;)
Keep breathing. :eek:
Just because I am surrounded by FOOLS does not make me wise. :j

Comments

  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Have you spoken to the council about what the legalities are?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I don't understand the question. I assume she's renting a flat through a letting agent ... but why should it be registered with the council? For what?
  • Nosht
    Nosht Posts: 744 Forumite
    No, but the law in Scotland states that all landlords must be registered with local council else pay a massive fine if not.

    N.
    Never be afraid to take a profit. ;)
    Keep breathing. :eek:
    Just because I am surrounded by FOOLS does not make me wise. :j
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Nosht wrote: »
    No, but the law in Scotland states that all landlords must be registered with local council else pay a massive fine if not.

    N.

    So what is your question? You asked if it was legal and safe, then go on to admit you know that it isn't legal. :confused: As I asked have you discussed the implications with the council? We don't know whether a house we have never seen is safe or not.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • Nosht
    Nosht Posts: 744 Forumite
    Is it legal ? Can the Agent register as Landlord in place of the owner or include the premises in a group/bulk register ?
    Is it safe? Is her deposit safe ?


    N.
    Never be afraid to take a profit. ;)
    Keep breathing. :eek:
    Just because I am surrounded by FOOLS does not make me wise. :j
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    I got the impression that the local council's aren't particularly effective at enforcing the requirement for landlords to register on the scottish landlord registration scheme.

    Few landlords are prosecuted, deemed not to be 'fit and proper' because they've breached housing law therefore can't have a licence, few rent penalty notices are issued. There's been the odd instance whereby the council have effectively pulled the plug on particularly rogue landlords through.

    It's simple enough to ask the agent if the landlord has submitted their application - it can take a while to be processed. I should think its also fairly easy to for the tenant to report the property to the LA and start the ball rolling. Otherwise, walk away.
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    Nosht wrote: »
    Is it legal ? Can the Agent register as Landlord in place of the owner or include the premises in a group/bulk register ?
    Is it safe? Is her deposit safe ?


    N.

    The scottish landlord registration scheme has its own FAQs for tenants. As far as I'm aware, it is fully legitimate for an agent to be the primary contact address for the landlord.

    Your local council website will also have info on the requirements and how to deal with a breach. Contact the council to check if an application is in progress.

    Shelter Scotland should also have info on this.

    This may be housing law in England and Wales only rather than Scotland - the Shelter Scotland website may confirm this or not - but at least in E&W, letting agents are obliged to provide the address of the landlord within 21 days of a written request.
  • Another reason for having a separate Scots board so we don't have all the questions about why it should be registered with the Council - I was thinking that and would have raised the point had someone else not done so.

    Until MSE see sense and have separate boards i can only suggest that posters about properties north of the border mention this when they first post and those of us south of the border won't then get involved.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Nosht wrote: »
    Is it legal ? Can the Agent register as Landlord in place of the owner or include the premises in a group/bulk register ?
    Is it safe? Is her deposit safe ?

    N.

    Have you spoken to the council about what the legalities are?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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