About the Scottish Letting Agent Register

It is a form to apply for entry in the register of letting agents in Scotland.

If you want to carry out letting agency work (as defined by section 61 of the Housing (Scotland) Act 2014) you must apply to join the register.

You cannot carry out letting agency work until your application for registration has been approved.

You can read details on the legislation and the criteria that letting agents need to meet in order to register and carry out letting agency work at http://www.mygov.scot/letting-agent-registration

Legal requirements for letting agents

Part 4 of the Housing (Scotland) Act 2014 makes provision for the regulation of letting agents. The regulatory system will include compulsory registration; a statutory Code of Practice with a means of redress; and effective enforcement.

The Scottish Government will administer the mandatory register and anyone carrying out "letting agency work", as defined in Section 61 of the Housing (Scotland) Act 2014, must apply to the Scottish Ministers to be entered in the register. To be accepted, applicants must be assessed as being a ‘fit and proper’ person and meet specific qualification/training requirements prescribed by Scottish Ministers through the Letting Agent Registration (Scotland) Regulations 2016. It will be a criminal offence to operate without registration. A letting agent who does not register will be liable on conviction to be imprisoned (for up to 6 months), fined (up to £50,000), or both. Registration will be for three years. Scottish Ministers can consider breaches at any time.

A statutory Code of Practice makes clear the standards of practice all letting agents will be expected to meet. The Scottish Parliament has approved The Letting Agent Code of Practice (Scotland) Regulations 2016. The Code will come into force on the 31st January 2018.

An avenue of redress to the First-tier Tribunal for Scotland (Housing and Property Chamber) will allow landlords, tenants and Scottish Ministers to go to the Tribunal where there has been a breach in relation to the Code of Practice. Breaches to the Code can be taken into account in determining whether to accept, renew or revoke a letting agent’s registration.

You must inform the Scottish Ministers in writing of any changes to the information you have provided, or of any inaccuracies, as soon as practicable after the inaccuracy arises or the change has occurred.. It is an offence to fail to comply witjhout reasonable excuse.

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