Tenants and renters in Scotland need clear information about the Fit and Proper Person Test for landlords and what it means for safety, tenancy rights and reporting concerns. This guide explains how the test fits into landlord registration and the Private Housing (Tenancies) (Scotland) Act 2016[1], where to find official forms, what evidence helps a complaint and how to use the First-tier Tribunal (Housing and Property Chamber) if issues are not resolved. It is written for people renting now or facing repairs, harassment or eviction and aims to set out practical steps you can take, what councils and tribunals can do, and how to keep records to protect your rights in Scotland.
What the Fit and Proper Person Test means in Scotland
The test is part of the landlord registration and standards system that helps councils decide whether someone is suitable to let private rented property. It examines criminal convictions, antisocial behaviour, housing or tenant-related offences, and whether a landlord manages properties responsibly. The legal framework includes the Private Housing (Tenancies) (Scotland) Act 2016 and related guidance that informs councils when assessing fitness to let.[1]
Who enforces the test and where to check
Local councils run landlord registration in Scotland and can refuse or cancel registration if a person fails the test. Councils also investigate complaints about dishonesty, harassment or failure to maintain properties. You can check guidance on landlord registration and how councils handle registrations and complaints on the Scottish Government and local authority pages.[2]
How the test affects tenants
If a landlord is found not fit and proper, councils can refuse to register them, issue penalties or remove them from the register so they cannot legally let properties. Tenants may benefit because landlords who fail the test can be prevented from renting until issues are fixed; however, that process can take time and may not immediately resolve tenancy problems such as repairs or unlawful eviction attempts.
How to report concerns and key forms
- Contact your local council landlord registration team to report concerns or check whether your landlord is registered.
- Gather evidence: tenancy agreement, photos of disrepair, rent receipts, and any written messages or emails about the issue.
- Complete the council complaint or landlord registration form online and attach your evidence to support the allegation.
- Apply to the First-tier Tribunal (Housing and Property Chamber) if the council cannot resolve the problem or if you need an urgent order from the tribunal.[3]
Official forms you may need
- Landlord registration application — used by landlords to register with a local council; tenants can ask their council how to check registration and report unregistered landlords. See Scottish Government landlord registration guidance for details and local contact points.[2]
- Notice to Leave (guidance and templates) — this is the formal notice a landlord may serve to end a tenancy under the Private Housing (Tenancies) (Scotland) Act 2016; tenants served with a notice should seek help immediately and may respond or apply to the tribunal if they believe the notice is invalid. See official guidance for how notices work and timescales.[1]
- Application to the First-tier Tribunal (Housing and Property Chamber) — use the tribunal's application forms to raise disputes about repairs, eviction, rent arrears or to seek orders; the tribunal website explains which application form to use and how to submit evidence. Example: if the council declines to act on a landlord who repeatedly fails repairs, a tenant can apply to the tribunal for an order requiring repairs or compensation.[3]
FAQ
- What is the Fit and Proper Person Test?
- The Fit and Proper Person Test is a standard councils use in landlord registration to decide if a person is suitable to let property, based on past convictions, antisocial behaviour and landlord conduct.
- How can I check if my landlord is registered?
- Contact your local council's landlord registration team or check the council's public register online; if you find no record, report this to the council for investigation.
- What can I expect if a landlord fails the test?
- The council can refuse or cancel registration, issue penalties and may stop the person from letting properties; tenants should still seek advice about immediate tenancy problems and consider tribunal action if necessary.
How-To
- Check the landlord registration status with your local council and gather the council contact details.
- Collect evidence such as tenancy agreements, photos, messages, and receipts and keep an organised record.
- Submit a complaint to the council's landlord registration team using their online form and attach your evidence.
- If the issue remains unresolved, complete the correct First-tier Tribunal (Housing and Property Chamber) application form and file your case with supporting documents.
Key Takeaways
- Tenants can ask councils to check or challenge a landlord's fitness to let.
- Good records and photos make complaints stronger and easier to resolve.
- If a council cannot resolve the problem, the First-tier Tribunal can hear disputes and make orders.
Help and Support / Resources
- [1] Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
- [2] Landlord registration - Scotland.gov.uk
- [3] First-tier Tribunal (Housing and Property Chamber) - housingandpropertychamber.scot
