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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11758
Experience:  30 years as a practising solicitor.
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My local Council is trying to penalise me for late registration

Resolved Question:

My local Council is trying to penalise me for late registration as a Landlord (I had considerable difficulty obtaining a gas safety certificate), and despite me keeping them informed, and getting my councillor to intercede on my behalf. I was advised that I would have to be reported to HSE if I hadn't complied by late August. The officer knew I was making huge attempts to resolve the matter (even to the extent of buying an electric cooker and then finding I would have to renew the entire electric supply to the house as it didn't have capacity for a modern cooker).I eventually gained the necessary gas-safe document about a week later, sent a copy to the officer at the Council and am now being told I owe over £100 FOR 'LATE REGISTRATION'. I was at no stage informed that I had been reported to the HSE
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
If the property was problematic, is there any reason why you didn't deal with landlord registration anyway? You could have registered as a landlord and registered the property at a later stage once it was up to standard.
Customer: replied 3 years ago.
I followed the Landlord Registration process as directed, with every intention of providing the required EPC and Gas safe certificates as soon as they could be procured.
Expert:  JGM replied 3 years ago.
Did you let the house without these?
Customer: replied 3 years ago.
I was asked by the present tenants if they could move in to my house that was lying empty (because I was staying with my mother who has dementia in Inverness at the time) , because the house they were renting had insufficient heat, and a rodent problem. There was no other available accommodation on the island, and both husband and wife were doing essential jobs (she, Community nurse; he, Waterboard operative)
Thus, all the 'permissions' were sought retrospectively
Expert:  JGM replied 3 years ago.
If your landlord registration has now been granted, and they are claiming £100 I don't think you have grounds to avoid this given the circumstances. The last thing you want is for them to start going down the "fit and proper person" route. I would pay this and put it behind you.
Customer: replied 3 years ago.

Thank you. Am now wondering about cancelling my application for landlord registration, as it was only ever intended to be a temporary state of affairs. I am putting the house on the market very soon.

Expert:  JGM replied 3 years ago.
You can cancel it provided there is no tenant in occupation.
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