Housing (Scotland) Act 2025
2025 asp 13
Crown Application
Part 4 – Other Matters Relating to Tenants
Registration of letting agents etc.
Section 43 - Power to obtain information and carry out inspections
119.Section 52 of the 2014 Act provides that the Scottish Ministers may, for the purpose of monitoring compliance with the provisions in Part 4 of that Act, serve a notice on a person who appears to be a letting agent requiring the person to provide them with information specified in the notice. Section 43(2) of the 2025 Act amends section 52 of the 2014 Act so that, despite any such notice, a person is not required to provide such information 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.
120.Section 53 of the 2014 Act provides that, for the purposes of carrying out an inspection of premises which appear to be being used for the purpose of carrying out letting agency work, any person may be required to give such information as an authorised person considers necessary. Section 43(3) of the 2025 Act amends section 53 of the 2014 Act so that, despite any such requirement, a person is not required to give such information 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.
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