Farming landlords must be registered before May 2006 or face criminal charges

Another delay in new legislation dealing with nuisance behaviour means that farmers doubling up as landlords have been given a few extra weeks to register their rental properties with the local council.

However, the new 30th April deadline for the Anti-Social Behaviour etc (Scotland) Act 2004 is looming and farmers must register all tenant-occupied homes to avoid fines and falling foul of a criminal offence.

Under the new anti-social behaviour regulations all private landlords must register tenant-occupied properties. This includes farmers despite the rarity of nuisance cases associated with farming landlords and tenants and despite the fact that some properties will be rent free workers’ cottages, service occupancy or tied accommodation.

The additional bureaucracy and costs for farmer landlords are unavoidable, says leading agricultural lawyer, Colin Clark of Pagan Osborne.

He says,

“This Act may not have hit the radar of some farmers and the delay in its implementation allows more time to prepare for it and consider its implications.

“As from April 2006 all private landlords including farmers who allow ex-workers to live in a cottage rent free, who provide rent free homes to employees as part of their remuneration or have buy-to-let properties have to be registered. All co-owners will also have to be identified. The Council will decide if the person applying is fit and proper to be a landlord and registration is likely to cost a minimum of £55 for three years rising incrementally with the number of properties held.

“It is an interesting situation for farmers to find themselves in because I am unaware of any incidence of anti-social behaviour involving farming landlords or tenants, and yet now farmers and their properties will have to be assessed on a whole new set of rules. Equally, farming landlords could now become liable for the behaviour of their tenants.

“Like all new legislation the fundamental principle is to be prepared and the delay allows some breathing space. Landlords need to look again at their procedures. Taking references becomes a lot more important and new leases should include clauses terminating an agreement if the tenant is anti-social.

“Farmers looking to maximise various business streams can be hit by many forms of legislation, but this is likely to catch some with rent-free workers’ cottages unawares.”