RPL Update Report to RFB June 2022
Renfrewshire Council · 8 June 2022
Back to Regulatory Functions Board — 8 June 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
___________________________________________________________________ To: Regulatory Functions Board On: 8 June 2022 ___________________________________________________________________ Report by: Director of Finance and Resources ___________________________________________________________________ Heading: Registration of Private Landlords: Applications refused under Delegated Authority ___________________________________________________________________ 1. Summary 1.1 The purpose of this report is to provide a further update to the Board in relation to applications for landlord registration refused under powers delegated to officers following the meeting of the Board on 18th August 2021. A previous update was given to the Board at its meeting on 3rd February 2022. ___________________________________________________________________ 2. Recommendations 2.1 It is recommended that the Board note the contents of the report. ._________________________________________________________ 3. Background 3.1 On 18th August 2021, the Board considered a report by the Director of Finance and Resources relative to outstanding applications for private landlord registration where landlords had not confirmed their compliance with regulatory requirements set out in regulations made under the terms of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”). The report set out options to facilitate determination of these applications.
Page 2
3.2 The Board agreed that it be recommended that the Scheme of Delegated Functions be amended to include a delegation to officers to refuse applications for landlord registration where the requirements set out in regulations made under the 2004 Act, and detailed at Paragraph 3.3 of the report considered at the above meeting, are not met, subject to regular reports being submitted to the Board detailing the applications refused. This delegation subsequently came into effect after the meeting of Council on 30th September 2021, when the Minute of the Board’s meeting of 18th August 2021 was approved. 3.3 In the report of 18th August 2021, officers indicated that it was anticipated that any power delegated to officers would not be used until two communications had been issued to applicants allowing them an opportunity to demonstrate their compliance. Accordingly, the practice adopted by officers has been to issue two separate letters to non- compliant landlords, allowing them periods of 28 days and, thereafter, a further 14 days to confirm their compliance. 3.4 Similar to the position at the time of the previous report, the majority of landlords written to were able to confirm compliance within the above periods, allowing their applications for landlord registration to be granted. However, a number of landlords failed to respond positively to the correspondence. As a result, their applications were considered for refusal. 3.5 A further 34 applications for landlord registration were refused by officers in the period to 13th May 2022, due to landlords’ failure to confirm full compliance with their legal responsibilities. Three of these applications were by landlords seeking registration for the first time, with the remainder applying to “renew” a previous landlord registration. The Board may wish to note that, since refusal, three of the above landlords have addressed their previous outstanding compliance issues and have reapplied for registration. 3.6 The Board is asked to note the terms of the report. Further updates will be provided at future meetings of the Board. _________________________________________________________________ Implications of the Report 1. Financial – Nil 2. HR & Organisational Development – Nil
Page 3
3. Community Planning – Nil 4. Legal – as detailed in the report 5. Property/Assets – Nil 6. Information Technology – Nil 7. Equality & Human Rights - The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report, as the report only provides the Board with an update on refused applications for landlord registration as previously requested by the Board. 8. Health & Safety - Nil 9. Procurement – Nil 10. Risk - Nil 11. Privacy Impact - Nil 12. Cosla Policy Position – Nil 13. Climate Emergency – Nil _________________________________________________________ List of Background Papers- None. ___________________________________________________________________ Author: Douglas Campbell, Assistant Managing Solicitor (Licensing), 0141- 618-7172, douglas.campbell@renfrewshire.gov.uk