Current status: Answered by Mairi McAllan on 3 February 2026
To ask the Scottish Government, regarding the Landlord Registration regime, whether a so-called light touch approach is compatible with local authorities' statutory enforcement obligations in cases where escalation powers are not being applied.
The Landlord Registration regime is established under the Antisocial Behaviour etc. (Scotland) Act 2004, with statutory guidance issued by Scottish Ministers to support local authorities in exercising their functions.
Local authorities are responsible for delivering the regime and for determining how best to meet their statutory enforcement obligations using the powers available to them. A proportionate or risk-based approach can be compatible with these duties, provided that escalation powers are used where necessary to secure compliance.
Decisions on the appropriate use of enforcement powers in individual cases rest with the relevant authority. Where appropriate, concerns about unregistered letting may be referred to Police Scotland, and tenants may seek recourse through the First-tier Tribunal (Housing and Property Chamber) where relevant.