Letting Agent Code of Practice Regulations

It may seem like a long way off but the clock is ticking until the Letting Agent Code of Practice Regulations come into force in 2018.

If you do letting agency work in Scotland you are required by law to:

  • Comply with the Letting Agent Code of Practice (the Code) by 31st January 2018;

  • Join the Register of Letting Agents (the Register) by 30th September 2018.

  • Who must comply

    Letting agency work generally means you either:

  • Carry out work for a private landlord who wants to let their property out to a tenant;

  • Manage a property (including collecting rent, inspecting the property and arranging for repairs and maintenance) which either is currently or is planned to be rented out to a tenant.

  • For a more detailed explanation, and to view the legal definition, see section 61 of the Housing (Scotland) Act 2014.

    Penalties for failing to comply

    If someone fails to ensure compliance with the Code by the specified date, tenants and landlords can apply to the First-Tier Tribunal for Scotland (Housing and Property Chamber) to resolve any dispute.

    If someone fails to join the Register by the specified date, they will be liable to criminal prosecution, which if convicted could result in a fine of £50,000 and/or up to 6 months imprisonment.

    Scottish Government information events

    The Scottish Government, in conjunction with the Scottish Association of Landlords (SAL) and the Council of Letting Agents (CLA), is holding a series of awareness raising events aimed at letting agents that will help you to get your business ready for registration.

    This is an opportunity to hear direct from the Scottish Government and for you to ask questions.

    During the event, the following will be discussed:

  • Getting ready for registration;

  • Making sure your business is compliant with the Code;

  • Registration - qualification and training.

  • You will also hear from a representative from the CLA who will give you their view on what you need to do and how they can help you to be ready for registration.

    Amanda Wiewiorka, chair of the CLA policy group explained “We look forward to sharing information at these events about the package of support we offer to make registration easier for Scottish letting agents. This includes discounted training via our LETWELL partnership, bespoke CMP and PI insurance products as well as documentation and helpline support every step of the way.”

    The events are open to all, not just members of any particular organisation, but booking in advance is essential.

    Details of the events and how to book

  • Dundee
    Wednesday 29 March 2017
    10.00 – 12.00
    Endeavour House, 1 Greenmarket, Dundee DD1 4QB
    Click here to book for Dundee

  • Aberdeen
    Wednesday 29 March 2017
    14.30 – 16.30
    Johnstone House, 50-54 Rose Street, Aberdeen AB10 1UD
    Click here to book for Aberdeen

  • Inverness
    Thursday 30 March 2017
    11.30 – 13.30
    Great Glen House, St Kilda Room, Leachkin Road, Inverness IV3 8NW
    Click here to book for Inverness

  • Glasgow
    Monday 24 April 2017
    10.00 – 12.00 or 13.00 – 15.00
    IET Glasgow Teacher Building, 14 St Enoch Square, Glasgow G1 4DB
    Click here to book for Glasgow 10.00 – 12.00
    Click here to book for Glasgow 13.00 – 15.00

  • Edinburgh
    Tuesday 25 April 2017
    10.00 – 12.00 or 13.00 – 15.00
    Scottish Government, Victoria Quay, Edinburgh EH6 6QQ
    Click here to book for Edinburgh 10.00 – 12.00
    Click here to book for Edinburgh 13.00 – 15.00

  • Further information

    The Scottish Government have published further guidance on letting agent registration on their website.