July 3, 2012

An Edinburgh man has been struck off the landlord register for failing to have the correct licence for a rented house.

Following the first ruling of its kind in the capital, it will now be a criminal offence for Yousef Mohammed to rent out another property.

At a hearing in front of the City of Edinburgh Council’s Regulatory Committee, Mr Mohammed’s application to operate a House in Multiple Occupation (HMO) at a flat in the south of the city was refused, after being found guilty of deliberately attempting to evade the HMO licensing scheme last December.

He was also removed from the Register of Landlords when councillors deemed him not “fit and proper” to operate as a residential landlord in Edinburgh.

Councillors heard that Mr Mohammed had failed to adequately tell them about his criminal convictions and defied previous decisions of the council where he continued to rent our properties whilst not holding a licence.

Councillor Gavin Barrie, convenor for the Regulatory Committee, said: “Edinburgh is open for all landlords who manage their properties and ensure that they are in good condition and that tenants can be safe and secure.

“However, for those who don’t, the council will take firm action. I would encourage everyone seeking to rent privately to check the Landlord Register to ensure that their prospective landlord is registered.”

Under The Civic Government (Scotland) Act 1982, landlords of private rented residences must register and obtain a licence for any which are let in multiple occupation with three or more unrelated tenants. Failure to do so can result in local authorities striking them off the register or refusing a licence for the house in question.

The new Housing (Scotland) Act 2006, replacing the 1982 act, allows local authorities additional enforcement powers and increases the maximum fine level for running an unlicensed HMO to £50,000.

Julie Grieve, Managing Director of Braemore Property Management said “Landlords really do have to pay attention the Council registration scheme, as clearly something which has not really had any teeth previously is now being properly policed.  Agents cannot register on behalf of a Landlord, as they have to prove to the Council that they are a fit and proper person, however here at Braemore we have set up a reminder system to ensure that our Landlords don’t miss their 3 year renewal date.”

Grieve went on to say “HMO Landlords should remember that their licence is renewed annually – rest assured we take care of all that on your behalf.”