New regulations for Letting Agents in Scotland

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From 31 January 2018, all letting agents in Scotland must comply with the Letting Agent Code of Practice and, by October 2018, must join the Register of Scottish Letting Agents. Failure to do so could lead to a fine of £50,000 or a six month prison sentence, or both.

The statutory Letting Agent Code of Practice sets out the minimum standards that letting agents must meet in managing their business and providing services to tenants and landlords, including training, financial services and insurance.

Information on letting agent registration, including how to apply, is available here.

What if a tenant thinks the code has been breached?

Under the code, letting agents must have a written complaints procedure for handling complaints and they must make that available to their customers on request. If an agent has failed to do what the Code of Practice says they’re expected to do, the first step is for a landlord or a tenant to make a formal complaint to the agent.

If the agent does not resolve the complaint within  a reasonable time, then the landlord or tenant can make an application to the First-tier Tribunal for Scotland (Housing & Property Chamber). More information on applying to the Housing and Property Chamber is available on the Tribunal website.

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