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PART 4 SLetting agents

Code of practiceS

46Letting Agent Code of PracticeS

(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.

Commencement Information

I1S. 46 in force at 20.11.2014 by S.S.I. 2014/264, art. 2, Sch.

47Prohibition on contracting outS

(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.

Commencement Information

I2S. 47 in force at 31.1.2018 by S.S.I. 2016/412, art. 2, sch.