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Section 21: Changes in England from October

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Rogue landlord slapped with banning order

Monday 08 May 2017

A rogue landlord in Fife has been the first to receive a disqualification order by a Scottish court.

Kirkcaldy Sheriff Court found Mohammed Murtaza, 47, was in breach of the Antisocial Behaviour (Scotland) Act 2004 and the Housing (Scotland) Act 2006 after continuing as a landlord despite being denied entry to the council’s landlord register.

The landlord had previously been convicted in November 2014 after failing to comply with legislation and for being in breach of gas safety regulations, which resulted in six convictions with fines totalling £540.

Sheriff Gilchrist said it was "a flagrant breach of legislation" and the judge ruled that Mr Murtaza should receive a £500 fine and a 12 month ban, preventing him from acting as a private landlord for the next year.

John Mills, the council’s head of housing said:

“A significant proportion of private landlords are of good character and comply with the law – however, there are some who act unlawfully.

“We work closely with our partner services including private housing standards, safer communities, Scottish Fire and Rescue Service and Police Scotland to assist and support landlords to comply with the legislative requirements of being fit and proper landlords.

“The outcome of this particular case sends a clear message to private landlords in Fife that the council will continue to take all appropriate action to protect tenants and improve property standards in the private sector.”

New regulation for Scotland

Letting agent regulation for Scotland is changing. For more information on the Scottish Letting Agent code of practice and Register of Letting Agents, which will come into force next year, visit the ARLA Propertymark Scotland website.