Letting agency regulation

From the 31 January 2018, anyone who undertakes letting agency work in Scotland must deliver their services in a way that complies with the Letting Agent Code of Practice.

Letting are required to have applied to join a mandatory register and key individuals in a letting agency will be required to have met a minimum level of training.

This content applies to Scotland

Overview

Letting agents are defined as ‘any person who carries out letting agency work in Scotland’, and the legislation provides a detailed description of what is meant by ‘letting agency work’. [1]

From 2nd October 2018, it is an offence for anyone to operate as a letting agent without having applied for registration. [2]

Letting agents will only have an application to join the register accepted if they can satisfy that they and any other persons required to be specified are a ‘fit and proper person’ and meet regulated training requirements.  

Fit and proper person

When deciding whether a letting agent is a fit and proper person consideration will any material that shows that the individual has: [3]

  • Been convicted of an offence involving fraud or dishonesty, violence, drugs, firearms or sexual offences.   

  • Practiced unlawful discrimination

  • Failed to comply with any letting agent regulations or Code of Practice.

  • Or contravened any provision of housing, landlord and tenant, or debt law.

Training requirements

Anyone who needs to be qualified as part of the registration process must have a relevant qualification covering essential aspects of letting agency work at SCQF Level 6 or above. [4]

Accessing the register

The Register of Letting Agents is a list run by Scottish Ministers that makes sure every letting agent is suitable to do the job and has met minimum training requirements.

Advisers can check whether a letting agent is registered on The Letting Agent Register website.

Last updated: 19 October 2018

Footnotes

  • [1]

    s.61(1) Housing (Scotland) Act 2014

  • [2]

    s.44 Housing (Scotland) Act 2014

  • [3]

    s.34 Housing (Scotland) Act 2014

  • [4]

    s.5 The Letting Agent Registration (Scotland) Regulations 2016