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.
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