Landlord registration - review of applications and fees: consultation analysis

Analysis of responses to our public consultation on changes to fee structure and required prescribed information for landlord registration.


Impact Assessments

Equality Impact Assessment

170. Respondents were invited to give their views on the impact of the proposals on particular groups of people in respect of their age, disability, gender reassignment, race, religion, sex or sexual orientation, being pregnant or on maternity leave and children's rights and wellbeing.

Q15: Are there any proposals in this consultation which impact or have implications on 'equality groups'?

Table 14: Question 15

  Yes No Don't know No reply Total
Housing Association - 6 2 - 8
Local Authority 4 21 3 2 30
Lettings / residential lettings / property management 1 16 5 1 23
Professional organisation 1 1 - 2 4
Representative organisation - 2 2 1 5
Safety / risk - 1 - 3 4
Tenants' interests / tenants / Residents group - 2 - 1 3
Other (e.g. charities / health / professional organisations / manufacturer) - - 3 - 3
Individuals 5 50 38 2 95
Self-identified landlords 3 37 20 4 64
Total 14 136 73 16 239

171. As Table 14 shows, the majority of respondents (136), across all sub-groups, felt that there were no proposals in this consultation which impact or have implications on 'equality groups'; compared to 14 who felt there could be implications. Indeed, the key theme mentioned by the 67 respondents who opted to provide further commentary on this question, was that there were no implications or that they could not think of any implications which would impact on equality groups. Additionally, a minority of respondents felt that all equality groups would be affected equally or that there would be no unfair impacts.

172. Only very small numbers of respondents cited any specific groups of individual who might be impacted upon by any of the proposals in this consultation, although most outlined negative impacts. These included:

  • Landlords without internet access or who are not PC literate, with some reference to the 10% discount offered to those applying online.
  • Landlords with sickness / disabilities.
  • Landlords with language barriers / non-English speaking landlords.
  • Elderly landlords – again, some reference was made to those who are not technically aware.
  • Young people – tenants in affordable rented housing who may be subject to disproportionate rent increases if the additional costs of landlord registration may be passed on to tenants.
  • Very small numbers of references to tenants who are on benefits, have a disability or are young mothers.

173. A small number of respondents focused on other types of individual on whom these proposals would impact; these included;

  • Less wealthy landlords.
  • Smaller landlords – with a disproportionate increase in expenses and bureaucracy.
  • Financial impacts on both landlords and tenants because of increased costs.
  • Those living in rural areas.

174. Other more general issues raised by very small numbers of respondents included:

  • There should be one set fee for online and paper or phone applications, with no discounts.
  • Landlords should have the right to determine their tenants.

Business and Regulatory Impact Assessment

175. Respondents were invited to give their views on whether the proposals would have any impact on businesses.

Q16: Do any of the proposals in this consultation have any financial, regulatory or resource implications for you and / or your business (if applicable)?

Table 15: Question 16

  Yes No Don't know No reply Total
Housing Association 4 3 1 - 8
Local Authority 21 3 4 2 30
Lettings / residential lettings / property management 13 7 2 1 23
Professional organisation 2 - - 2 4
Representative organisation 4 - - 1 5
Safety / risk - 1 - 3 4
Tenants' interests / tenants / Residents group - 2 - 1 3
Other (e.g. charities / health / professional organisations / manufacturer) - 1 1 1 3
Individuals 57 18 17 3 95
Self-identified landlords 52 5 4 3 64
Total 153 40 29 17 239

176. As Table 15 highlights, a majority of respondents (153), across most sub-groups, felt that the proposals in the consultation would have financial, regulatory or resource implications for them or their business, compared to 40 who felt there would not be any implications. This figure was particularly high among respondents who self-identified as landlords.

177. A total of 151 respondents opted to provide commentary to this question. Not surprisingly, a number of these respondents referred to additional costs in some shape or form, with reference to increases in registration fees (cited by around a third of respondents), additional unspecified costs (cited by just under a third of respondents), a negative financial impact or increased compliance costs (each cited by a smaller proportion of respondents, primarily local authorities), and the loss of discounts.

178. There were also references by a minority of respondents to additional paperwork or an increased administrative burden as more information will be required, for example, having to provide copies of certificates as evidence of compliance. A small proportion also referred to additional time burdens.

179. Some respondents, primarily landlords, noted potential impacts on their sector and these included concerns over the continuing viability of the rental sector (cited by around a quarter of respondents) or rent increases for tenants (cited by around a fifth of respondents).

180. Many of the local authority respondents also noted that these proposals would mean the need for additional resources. Many of these respondents commented that these proposals would result in a need for additional resources because of increased workloads for staff, for example, to check certification and manage compliance.

181. A minority of respondents – primarily landlords – noted that they have already had to deal with other recent changes within the rental sector such as loss of mortgage relief or other tax changes.

182. Finally, in response to this question, a very small proportion of respondents noted the need for value for money and improvements to be offered by the online service, along with better dissemination of information and offering of best practice advice and training opportunities.

Contact

Email: Landlordreg2018@gov.scot

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