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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12073
Experience:  30 years as a practising solicitor.
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My local Council is trying to penalise me for late registration

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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
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.
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
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.

You can cancel it provided there is no tenant in occupation.
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