Housing (Scotland) Act 2025

Registration of letting agents etc.

38 Applications for registration

(1) The Housing (Scotland) Act 2014 is modified as follows.

(2) In section 30(2) (application for registration)—

(a) in paragraph (d)—

(i) the words from “the individual” to the end of the paragraph become sub-paragraph (i),

(ii) after that sub-paragraph insert “, and

(ii) any other person who owns 25% or more of the relevant partnership, company or body,”,

(b) in paragraph (e)—

(i) sub-paragraph (i), and the word “or” immediately following it, are repealed,

(ii) in sub-paragraph (ii), the word “otherwise” is repealed.

(3) In section 32 (decision on application), after subsection (6) insert—

“(6A) The Scottish Ministers must give further notice under subsection (6) if they are considering refusing the application for reasons that differ from or supplement those previously notified.”.

39 Duty to inform: change of circumstances

(1) The Housing (Scotland) Act 2014 is modified as follows.

(2) In section 37 (duty to inform: change of circumstances)—

(a) in subsection (1), for the words from “information” to “this section,” substitute “relevant information”,

(b) after subsection (5) insert—

“(6) In subsection (1), “relevant information” means—

(a) information provided by a registered letting agent under section 30(2)(a) to (e) or, as the case may be, this section,

(b) such of the information provided by virtue of section 30(2)(f) as the Scottish Ministers may by regulations prescribe,

(c) information provided by a registered letting agent in accordance with a notice served under section 52(1).”.

40 Revocation of registration: where agent no longer exists

(1) The Housing (Scotland) Act 2014 is modified as follows.

(2) In section 39 (revocation of registration)—

(a) in subsection (1)—

(i) the word “or” immediately following paragraph (b) is repealed,

(ii) after paragraph (c) insert “, or

(d) the agent no longer exists.”,

(b) in subsection (2), in the opening words—

(i) for “this section” substitute “subsection (1)(a), (b) or (c)”,

(ii) after “must” insert “(if possible)”,

(c) after subsection (2) insert—

“(2A) The Scottish Ministers must give further notice under subsection (2) if they are considering removing the agent from the register for reasons that differ from or supplement those previously notified.”,

(d) in subsection (4), in the opening words—

(i) after “must” insert “(if possible)”,

(ii) after “decision” insert “under subsection (1)(a), (b) or (c)”.

41 Removal from register on application: notification of agent

(1) The Housing (Scotland) Act 2014 is modified as follows.

(2) In section 40 (removal from register on application), in subsection (4), after “must” insert “(if possible)”.

42 Note on register where entry refused or removed: duration

(1) The Housing (Scotland) Act 2014 is modified as follows.

(2) In section 42 (note on register where refusal or removal), in subsection (4)(a), for “12 months” substitute “3 years”.

43 Power to obtain information and carry out inspections

(1) The Housing (Scotland) Act 2014 is modified as follows.

(2) In section 52 (power to obtain information), for subsection (3) substitute—

“(3) Any requirement for a person to provide information in accordance with a notice under subsection (1) does not have effect to the extent that the person would be entitled to refuse to provide the information in, or for the purposes of, proceedings in a court in Scotland.”.

(3) In section 53 (power to carry out inspections), for subsection (3) substitute—

“(3) Any requirement for a person to give information in accordance with subsection (2)(d)(i) does not have effect to the extent that the person would be entitled to refuse to give the information in, or for the purposes of, proceedings in a court in Scotland.”.