Landlord Registration Scheme queries: FOI release

Information requested

1. Lack of Evidence of Any Actual “Fit and Proper” Assessment

Your letter states that local authorities “carry out fit‑and‑proper assessments” and rely on the register to regulate who may act as a landlord. However, you did not identify:

• What checks were carried out on me
• When they were carried out
• The criteria applied
• Whether any verification took place beyond accepting the fee

As a company director, I am already subject to extensive checks through HMRC, Companies House, and UK‑wide legislation. The state has already deemed me a “fit and proper person” to run a company and manage significant financial responsibilities. I therefore request clarity on:

• What specific additional risks a landlord poses that a company director does not
• Why existing government vetting is not considered sufficient
• Why duplicate checking (if it exists at all) is required

2. Fee Justification and Lack of Demonstrable Regulatory Output

You noted that the scheme “is not designed as a service to landlords,” and yet fees are charged under the justification of regulatory and assessment functions.

This raises fundamental questions:

• What proportion of landlord fees fund actual investigations or enforcement?
• How many landlords were refused registration in the last 5 years?
• How many “fit and proper” failures were identified through proactive assessment rather than external criminal cases?
• What is the per‑landlord cost of maintaining the register?

If the fee is not tied to a meaningful regulatory function, then it begins to resemble an indiscriminate blanket charge rather than a proportionate statutory fee.

3. Transparency and Governance

To properly understand the value (or lack thereof) provided by the scheme, I request:

• The policy documents describing the fit‑and‑proper criteria
• The operational procedure for performing checks
• The audit records that confirm these checks are being consistently applied
• The staffing levels and resources allocated to landlord vetting and oversight

Given the scale of fees collected annually, it is both reasonable and necessary to request a demonstration of proportionality and purpose.

4. Request for Clarification

I request a full and detailed reply addressing:

1. What checks were carried out on me personally
2. What checks are carried out on landlords in general
3. The measurable outcomes of these checks
4. How the fee directly correlates with deliverable regulatory activity

Response

Please find a response to your Freedom of Information request in the attached PDF document.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202600511841 - Information Released - Annex

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