Frequently asked questions
If a landlord receives a Rent Penalty Notice, it means they have failed to register or renew their Registration on the Scottish Landlord Register. The landlord issued with a Rent Penalty Notice will not be allowed to collect rent from the tenant(s) of the property being rented out. The Rent Penalty Notice comes into action on the Commencement date within the Notice.
No, the Landlord has 21 days from the date of the letter to resolve the Registration issue. The Commencement date on the Rent Penalty Notice is the date you stop paying rent from. It is advisable that you keep the unpaid rent aside as the landlord can appeal against the Rent Penalty Notice. If the appeal is successful, you might have to pay all the backdated rent. Once the Registration issue is resolved you will receive a letter confirming the Rent Penalty Notice is revoked and to continue paying rent.
If you are receiving housing benefit, you will not be entitled to it while a Rent Penalty Notice is in force. You should contact the housing benefit department to make sure they know that a Rent Penalty Notice has been issued.
If your housing benefit is paid directly to you and you keep getting money after the Rent Penalty Notice is issued, put the money aside, as you will have to return this to the local authority unless your landlord successfully appeals against the Rent Penalty Notice.
To speak to a member of staff in the housing benefit department, please phone 03000 200 292.
If you are in receipt of the housing element of Universal Credit, please phone the Department of Work and Pensions 0800 328 5644.
Shelter Scotland’s section on housing and council tax benefit has more information on benefits, including housing benefit.
No, the landlord can only start eviction proceedings in accordance with the Tenancy Agreement. If you believe you are being illegally evicted because of the rent penalty notice or for any other reason and they do not have a court order, they are committing a criminal offence and you should contact Police Scotland.
Until the landlord has submitted a valid application to register or renew his/her registration through the Landlord Register. The landlord could successfully appeal against the Rent Penalty Notice. The Council will contact you when the issue is resolved, and you can continue paying rent.
No, this is a notice to the tenant instructing that no rent is paid to your landlord from the Date of Commencement within the Rent Penalty Notice. The Landlord Registration legislation is under Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004.
If you have a general query regarding the Rent Penalty Notice received, please email: LandlordRegistration@aberdeencity.gov.uk