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

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PART 2Notice Requiring Information

LETTING AGENT REGISTRATION NUMBER:

WHY WE HAVE SENT YOU THIS LETTER

As a registered letting agent(1), you must comply with the Letting Agent Code of Practice (Scotland) Regulations 2016(2) (as amended), which set out the standards of practice that letting agents must meet in delivering their services. You must also meet the requirements of the Letting Agent Registration (Scotland) Regulations 2016 (as amended).

The Scottish Ministers have the power(3) to require information and documents from registered letting agents to establish whether an agent is complying with the Code of Practice and your registration requirements. In order for us to monitor your compliance with these, 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(4).

Where a registered letting agent has failed to comply with the Letting Agent Code of Practice, has been notified of the breach, has been given reasonable time to put things right, and has not done so, the Scottish Ministers may apply to the First-tier Tribunal for Scotland Housing and Property Chamber (“the Tribunal”) for a determination.

If the Tribunal decides the letting agent has failed to comply with the Code of Practice, it must issue a letting agent enforcement order setting out the steps that the letting agent must take to put things right. Failure to comply with the enforcement order is a criminal offence, is liable on summary conviction to a fine not exceeding level 3 on the standard scale(5) and could result in removal from the letting agent register.

Where a registered letting agent is no longer considered to be a fit and proper person or does not meet prescribed training requirements, the Scottish Ministers may remove them from the register.

CONTACT US

If you would like to discuss anything contained in this letter please contact us on 0300 244 6439.

Annex A: [Insert particulars of information required]

(1)

Part 4 of the Housing (Scotland) Act 2014.

(3)

Section 52 of the Housing (Scotland) Act 2014.

(4)

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

(5)

Section 51 of the Housing (Scotland) Act 2014 – level 3 is currently £1,000.

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