Letting agent not complying with the Code

Where a letting agent fails to comply with the Code of Practice the tenant or landlord can take action to resolve this. Scottish Ministers may also raise action if they believe a letting agent is not complying with the Code.

This content applies to Scotland

First step - make a complaint

If a tenant (or landlord) believes their letting agent is not complying with the Code, in the first instance they should notify the letting agent in writing. Any written complaint must be dealt with as per the letting agent’s written complaints procedure. If the letting agent has no written complains procedure this itself may be a breach of the Code. Any complaint should be sent via recorded delivery and a copy kept.

There is a template Code of Conduct complaint letter available from the First Tier Tribunal website.

Apply to the tribunal

If the tenant (or landlord) remains dissatisfied after raising their complaint in writing they can apply to the First Tier Tribunal Housing and Property Chamber.

See the section Letting Agents in Court and Legal Action for details on how to make an application.

If the tribunal decide that the letting agent has failed to comply with the Code it must issue an enforcement order setting out the steps the letting agent must take to rectify the matter. [1] An enforcement order may also require the letting agent to pay compensation.

If the tribunal decides the letting agent has failed to comply with the enforcement order it must notify Scottish Ministers. Failure to comply with an order will be taken into account in considering whether a letting agent should be removed from the register. From 2nd October 2018 it is a criminal offence for a person who has not registered to carry out letting agency work. [2]

Last updated: 9 December 2019

Footnotes

  • [1]

    Sch.1 para.9 Letting Agent Code of Practice (Scotland) Regulations 2016 SSI 2016/133

  • [2]

    s.44 Housing (Scotland) Act 2014