Structure and Summary of the Act
4.The Act is in 5 parts:
Part 1 Registration of Private Landlords amends legislation concerning the registration of private landlords contained in Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004. This is in relation to:
	expanding the criteria of the fit and proper person test;
	allowing a local authority to require a criminal record certificate from a landlord in order to verify information;
	fees for certain agents;
	public access to information on applications not yet determined and persons found not to be fit and proper to act as landlords;
	requiring landlord registration numbers in advertisements of properties to let;
	an increase in the maximum fine for offences and the ability of a court to impose a ban of up to five years on a convicted landlord;
	powers for a local authority to obtain information to enable or assist it to carry out its landlord registration functions, including requiring a letting agent to provide information on properties managed for a landlord;
	a requirement for a local authority to take account of guidance on the use of its enforcement powers issued by the Scottish Ministers; and,
	requiring the Private Rented Housing Panel to pass information on landlords to local authorities so that their registration status can be checked.
Part 2 Houses in Multiple Occupation makes changes to the legislation concerning HMO licensing in Part 5 of the Housing (Scotland) Act 2006 to:
	give Ministers a power to bring by order additional types of multi-occupancy property within the scope of HMO licensing;
	give a local authority a power to refuse to consider an application for an HMO licence if it considers that there would be a breach of planning control;
	require a local authority to consider whether there has been subdivision of rooms or adaptations resulting in moved water and drainage pipes when considering whether to grant an HMO licence;
	give a local authority a power to refuse to grant an HMO licence if it considers that there is overprovision of HMOs in the locality;
	increase the maximum fine for offences;
	remove a requirement for a local authority to issue a statement of reasons for every HMO licensing decision; and,
	require a local authority to take account of guidance issued by the Scottish Ministers on the use of its information gathering powers.
Part 3 Overcrowding Statutory Notices creates new powers to tackle overcrowding in the Private Rented Sector. This is in relation to:
	powers for a local authority to serve an overcrowding statutory notice on the landlord of a house which is overcrowded; where it considers that the overcrowding is contributing to or connected with adverse effects on health or wellbeing, or on amenity;
	requiring the local authority to provide prescribed information and advice to the occupier of a house when serving an overcrowding statutory notice;
	enabling Scottish Ministers to prescribe by order the form of an overcrowding statutory notice, along with the form and content of the prescribed information and advice;
	powers for a local authority to obtain information from persons connected to the house to enable it to carry out its functions in connection with overcrowding statutory notices; and,
	a requirement for a local authority to take account of guidance issued by the Scottish Ministers on the use of these powers; and,
	a requirement for Scottish Ministers to publish a report once every three years on the use and impact of overcrowding statutory notices.
Part 4 Miscellaneous makes changes to the tenancy regime in the Housing (Scotland) Act 2006, the Rent (Scotland) Act 1984, the Housing (Scotland) Act 1988 and the Land Tenure Reform (Scotland) Act 1974 in order to:
	clarify the right to make tenancy charges and the level of such charges;
	require a private landlord to issue specified information to a new tenant;
	clarify the notices to be served when a landlord seeks possession of a house after a short assured tenancy has reached its contractual end;
	allow a private landlord to seek the assistance of the Private Rented Housing Panel in gaining access to a house for purposes related to the Repairing Standard; and
	introduce new powers to enable Scottish Ministers to prescribe bodies and types of body which can be exempted from the 20 year limit on residential leases and the right to redeem heritable securities.
Part 5 General sets out general provisions, such as for the making of orders. It also contains definitions, the short title and provisions for commencement of the Act.