Housing (Scotland) Act 2014

Code of practice

46 Letting Agent Code of Practice

(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.

47 Prohibition on contracting out

(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.