The Letting Agent (Registration and Code of Practice) (Scotland) (Miscellaneous Amendments) Regulations 2017

Citation and commencement

1.  These Regulations may be cited as the Letting Agent (Registration and Code of Practice) (Scotland) (Miscellaneous Amendments) Regulations 2017 and come into force on 31st January 2018.

Amendment of the Letting Agent Registration (Scotland) Regulations 2016

2.—(1) The Letting Agent Registration (Scotland) Regulations 2016(1) are amended in accordance with paragraph (2).

(2) In regulation 4 (additional information to be included in an application for registration), in paragraph (2)—

(a) in sub-paragraphs (l)(ii), (n), (p)(ii) and (r), after “equivalent”, insert “or greater”;

(b) in sub-paragraph (o), at the beginning, insert “in the case where the applicant holds client money,”;

(c) in sub-paragraph (p), at the beginning, insert “where sub-paragraph (o) applies,”;

(d) after sub-paragraph (s)(iii), omit “and”; and

(e) in sub-paragraph (t), at the end, insert—

“; and

(u) the date when the applicant commenced carrying out letting agency work”.

Amendment of the Letting Agent Code of Practice (Scotland) Regulations 2016

3.—(1) The Letting Agent Code of Practice (Scotland) Regulations 2016(2) are amended in accordance with paragraph (2).

(2) In the schedule (letting agent code of practice)—

(a) in paragraph 32(p) (handling client money), at the beginning, insert “if you hold client money,”;

(b) in paragraph 43 (giving correct information to prospective tenants), omit “length and”;

(c) in paragraph 64 (tenancy agreement), omit “signed”;

(d) in paragraph 77 (rent collection), after “receipt”, insert “which states the date of payment, the amount paid and either the amount which remains outstanding or confirmation that no further amount remains outstanding”;

(e) in paragraph 82 (property access and visits), omit “Section 184 of the Housing (Scotland) Act 2006 specifies that”; and

(f) in paragraph 117 (handling landlords’ and tenants’ money, and insurance arrangements), at the end, insert “This section only applies if you hold and handle client money.”.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th December 2017