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

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PART 1Notice Requiring Information

WHY WE HAVE SENT YOU THIS LETTER

If you carry out letting agency work in Scotland you are required by law(1) to comply with the Letting Agent Code of Practice and to join the Register of Letting Agents. From 1 October 2018, it is illegal to carry out letting agency work unless you are registered.

The Register of Letting Agents is a list set up and run by the Scottish Ministers that makes sure every letting agent is suitable to do the job and has met minimum training requirements covering essential aspects of letting agency work.

The Scottish Ministers have the power(2) to require information and documents from unregistered persons who appear to be letting agents. It has come to their attention that you appear to be carrying out letting agent work but are not currently registered to undertake this type of work. In order to help us establish whether you must register as a letting agent, you must send us the information specified, and by the date set out, in Annex A.

WHAT HAPPENS NEXT?

You must send us the information requested in Annex A and within the specified timescale. Failure or refusal to provide this information is a criminal offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale(3).

It is also a criminal offence to do letting agency work if you are not on the register. If you are convicted, you could face a fine of up to £50,000, up to 6 months imprisonment or both.

If you do not send us the information requested in Annex A within the specified timescale or apply for registration by the same date, we may report you to Police Scotland.

APPLYING FOR REGISTRATION

You can apply to register at https://lettingagentregistration.gov.scot.

CONTACT US

If you are unsure about anything in this letter or whether you are a letting agent, and would like to discuss this further, please contact us on 0300 244 6439.

MORE INFORMATION

For more information on registering as a letting agent, you can read the following:

  • Letting Agent Registration Guide: https://www.mygov.scot/letting-agent-registration/ - this sets out who needs to register, what an applicant needs to do before they register, the training and qualifications required, the registration fees, and other relevant information.

  • Agent Code of Practice: http://www.gov.scot/lettingagentcodeofpractice - this sets out the standards of practice that letting agents must meet in delivering their services.

Annex A: [Insert particulars of information required]

(1)

Part 4 of the Housing (Scotland) Act 2014, which commenced on 1st January 2018.

(2)

Under section 52 of the Housing (Scotland) Act 2014.

(3)

Section 52 of the Housing (Scotland) Act 2014 – level 3 is currently £1,000.

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