Privacy notices - Landlord Registration

The Scottish Landlord Registration System is provided by Scottish Government and hosted on this website by Registers of Scotland (RoS), on behalf of local authorities in Scotland who are required by Part 8 of the Antisocial Behaviour etc (Scotland) Act 2004 (opens in a new window) to prepare and maintain a register of landlords.

For the purposes of General Data Protection Regulation (GDPR), the relevant local authority is the data controller of the content of the Scottish Landlord Registers. For landlords operating across more than one local authority area there will be multiple data controllers. Each local authority can only access data for landlords operating within their authority area.

The information we collect

The Antisocial Behaviour etc. (Scotland) Act 2004 requires that private landlords must register with the local authority and be assessed as ‘fit and proper’ to let residential properties in Scotland.

The information private landlords must provide is prescribed by legislation and does not have need of consent, it is a requirement to provide this information if you wish to operate as a private landlord in Scotland.

Information held within a registration will have been provided by the landlord themselves, either via the online application system or in writing and transferred to the system by the local authority. The local authority may also add notes to a registration as part of their administration.

Legislation permits the sharing of landlord registration with relevant authorities. This includes other local authorities, Police Scotland, Scottish Fire and Rescue Service and other public bodies. It may also shared for the purposes of preventing and detecting crime.

Landlord information will never be shared with third party or commercial companies.

Public Search

Legislation also dictates that registration status and contact details for a landlord shall be made available via the public search.

This facility provides assurance to prospective tenants that a landlord or a property is legitimately registered, and allows neighbours of let properties to contact landlords. It will also show where a landlord has had a registration refused or revoked.

Your contact details will be shared via the public search facility, unless it would be unsafe to do so. The public search does not allow mining of landlord’s contact details, only targeted searches using a specific property or landlord registration number are possible.

Repairing Standard Enforcement Orders (RSEOs) are required by legislation to be displayed against any property upon which they have been served.

The information provided by landlords will typically be held for 5 years after a registration has ended.

Accuracy of Information held within the register

It is a landlord’s responsibility to ensure their information held within the system is accurate and up to date. Landlords can update their information to reflect changes using the Renew / Update Journey.

Access to data / Subject Access Requests

Landlords and agents can ask to see their personal information held within the system by contacting the relevant local authority.

Contacting Landlords

Landlord Registration is subject to a three year renewal period, with a Late Application Fee penalty for any registrations that expire prior to submission of a renewal application.

To avoid this occurrence the system will prompt landlords for renewal at 90 days and again at 30 days before expiry. The reminders are issued via email or by post where an email address is not held.

Local authorities may also contact landlords to advise of legislative changes or to provide advice on good practice in letting houses, as part of their legislative function.

Scottish Government and Registers of Scotland (RoS)

Scottish Government and RoS are the joint data processors as regards any personal data which may be collected and processed in connection with public access to the website and the landlord register public search facility.

We collect the following information:

• for each visit to the website we will automatically collect the Internet protocol (IP) address used to connect your computer to the Internet
• we automatically issue cookies to users who enter the website. Read full details on our cookies policy page.

IP addresses and cookies do not in themselves identify individual users but identify only the computer used. We will not use any data we collect to identify any user personally.

Payment information

The Scottish Government and RoS provides a service to local authorities, to process payments of registration fees made online by debit or credit card. The Scottish Government will only have access to such information as is necessary to provide that service, and will only process that information for the purpose of providing that service.

Disclaimer

We seek to ensure that the information and help provided on this website is up to date and accurate. However, this information does not constitute legal or professional advice and the Scottish Government and RoS cannot accept any liability for actions arising from its use.

Further information

If you have any further questions about how your data is used by the landlord register, contact the relevant us.

The data controller is The Highland Council

Data Protection Officer

Highland Council Headquarters

Glenurquhart Road

Inverness

IV3 5NX

01463 702029 dpo@highland.gov.uk

If you are unhappy with the way we have processed your personal information you can contact the Information Commissioner:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113

https://ico.org.uk/global/contact-us/