PART 4

Letting agents

Code of practice

Letting Agent Code of Practice
46
1
The Scottish Ministers may, by regulations, set out a code of practice which makes provision about—
a
the standards of practice of persons who carry out letting agency work,
b
the handling of tenants' and landlords' money by those persons, and
c
the professional indemnity arrangements to be kept in place by those persons.
2
The code of practice is to be known as the Letting Agent Code of Practice.
3
Before making regulations under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate on a draft of the code of practice.

Prohibition on contracting out
47
1
The terms of any agreement of a kind mentioned in subsection (2) are of no effect in so far as they purport to—
a
exclude or limit any duty a letting agent has under the Letting Agent Code of Practice, or
b
impose any penalty, disability or obligation in the event of a person enforcing compliance by the letting agent with such a duty.
2
The agreements are—
a
an agreement between a landlord and a letting agent,
b
an agreement between a tenant and a letting agent,
c
an agreement (including a lease) between a landlord and a tenant.
S. 46 in force at 20.11.2014 by S.S.I. 2014/264, art. 2, Sch.