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The Letting Agents (Notice Requiring Information) (Scotland) Regulations 2018

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Citation and commencement

1.  These Regulations may be cited as the Letting Agents (Notice Requiring Information) (Scotland) Regulations 2018 and come into force on 26th May 2018.

Notice requiring information

2.—(1) A notice requiring information under section 52(1) of the Housing (Scotland) Act 2014 (power to obtain information) must be in one of the forms set out in the schedule.

(2) A notice to be sent to a person who is not a registered letting agent must be in the form set out in Part 1 of the schedule.

(3) A notice to be sent to a person who is a registered letting agent must be in the form set out in Part 2 of the schedule.

Service of the notice

3.—(1) A notice mentioned in regulation 2 may be served by being—

(a)delivered personally to the person;

(b)sent to the person’s address by—

(i)a registered post service (as defined in section 125(1) of the Postal Services Act 2000(1); or

(ii)a postal service which provides for the delivery of the notice to be recorded; or

(c)sent to the person’s email address as provided in the person’s application for registration as a letting agent.

(2) Where a notice is served as mentioned in paragraph (1)(b) or (c), it is to be taken to have been received 48 hours after it is sent unless the contrary is shown.

Time limit for providing information

4.—(1) Subject to paragraph (2), where a person receives a notice mentioned in regulation 2, the person must provide the information specified in the notice within 28 days of receipt of the notice.

(2) Before that period of 28 days has expired, a person who receives a notice mentioned in regulation 2 may request Scottish Ministers to extend the time limit by another 28 days.

(3) The Scottish Ministers may only agree to the extension of the time limit where they are satisfied that there is good reason to do so.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th March 2018

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