PART 4Letting agents

General

61Meaning of letting agency work

1

For the purposes of this Part, “letting agency work” means things done by a person in the course of that person’s business in response to relevant instructions which are—

a

carried out with a view to a landlord who is a relevant person entering into, or seeking to enter into a lease or occupancy arrangement by virtue of which an unconnected person may use the landlord’s house as a dwelling, or

b

for the purpose of managing a house (including in particular collecting rent, inspecting the house and making arrangements for the repair, maintenance, improvement or insurance of the house) which is, or is to be, subject to a lease or arrangement mentioned in paragraph (a).

2

In subsection (1)—

a

“relevant instructions” are instructions received from a person in relation to the house which is, or is to be, subject to a lease or arrangement mentioned in subsection (1)(a), and

b

“occupancy arrangement”, “unconnected person”, “relevant person” and “use as a dwelling” are to be construed in accordance with section 101 of the 2004 Act.

3

The Scottish Ministers may by order—

a

provide that “letting agency work” does not include things done—

i

on behalf of a specified body, or

ii

for the purpose of a scheme of a specified description, or

b

otherwise modify the meaning of “letting agency work” for the time being in this section.

4

A scheme falling within a description specified by the Scottish Ministers under subsection (3)(a)(ii) must be—

a

operated by a body which does not carry on the scheme for profit, and

b

for the purpose of assisting persons to enter into leases or occupancy agreements.