Fife court grants Scotland’s first private landlord disqualification order

Kirkcaldy Sheriff Court - Image credit: kilnburn, via Wikimedia Commons

The first disqualification order against a private landlord in Scotland has been granted by a court in in Fife.

The man was convicted at Kirkcaldy Sheriff Court for continuing to operate as a landlord even though his registration had been refused by Fife Council.

He was found guilty of having breached both the Antisocial Behaviour etc. (Scotland) Act 2004 and the Housing (Scotland) Act 2006, which the sheriff described as “a flagrant breach of legislation”.

As a result, he was fined £500 and banned from operating as a private landlord in Scotland for 12 months.  

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The landlord had previously been convicted at Kirkcaldy Sheriff Court in November 2014, receiving a total of six criminal convictions and a £540 fine for failing to comply with his duties under the Antisocial Behaviour Act and for being in breach of gas safety regulations. 

As a result of those convictions, he was refused entry onto Fife’s landlord register in June 2015, making it a criminal offence for him to rent out a residential property in Fife.

John Mills, Head of Housing at Fife Council, 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.”