- Draft legislation
The Letting Agent Code of Practice (Scotland) Regulations 2016
You are here:
- Scottish Draft Statutory Instruments
- ISBN 978-0-11-103091-2
- Table of contents
What Version
More Resources
Draft Legislation:
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Letting Agent Code of Practice (Scotland) Regulations 2016 No. 133
Letting Agent Code of Practice
2.Section 46 of the Housing (Scotland) Act 2014 (“the 2014...
3.The Code forms part of a broader regulatory framework for...
4.These measures strengthen regulation of the letting-agent industry in Scotland....
6.The Code will also help landlords and tenants understand the...
10.If the Tribunal decides that a letting agent has failed...
11.How do the requirements of professional bodies and other legislation relate to the Code?
17.You must be honest, open, transparent and fair in your...
18.You must provide information in a clear and easily accessible...
19.You must not provide information that is deliberately or negligently...
20.You must apply your policies and procedures consistently and reasonably....
21.You must carry out the services you provide to landlords...
22.You must not unlawfully discriminate against a landlord, tenant or...
23.You must ensure all staff and any sub-contracting agents are...
24.You must maintain appropriate records of your dealings with landlords,...
25.You must ensure you handle all private information sensitively and...
26.You must respond to enquiries and complaints within reasonable timescales...
27.You must inform the appropriate person, the landlord or tenant...
28.You must not communicate with landlords or tenants in any...
39.You must get the landlord’s permission for advertising and marketing...
40.You must take all reasonable steps to ensure your letting...
41.You must comply with relevant legislation on the marketing and...
42.You must not advertise in a way that unlawfully discriminates...
44.You must also inform prospective tenants how to apply and,...
45.You must make prospective tenants aware of the Code and...
46.You must not knowingly omit relevant information or evade questions...
51.In deciding how you will conduct viewings on the landlord’s...
52.If you are to conduct viewings on the landlord’s behalf,...
55.You must inform the landlord in writing of all applications...
56.Applicants must be informed as soon as possible about the...
59.If you have contracted a third party to check references,...
60.You must ensure you handle all private information sensitively and...
61.You must take all reasonable steps to confirm the applicant’s...
63.If you arrange for the tenancy agreement to be signed,...
66.If you lodge tenancy deposits on a landlord’s behalf, you...
68.If you are responsible for managing the check-in process, you...
70.You must take reasonable steps to remind the tenant to...
74.If you carry out routine visits/inspections, you must record any...
75.Breaches of the tenancy agreement must be dealt with promptly...
77.If you collect rent on the landlord’s behalf, you must,...
81.You must take reasonable steps to ensure keys are only...
82.You must give the tenant reasonable notice of your intention...
83.If the tenant refuses access, you, the landlord or any...
86.You must put in place appropriate written procedures and processes...
87.If emergency arrangements are part of your service, you must...
88.You must give the tenant clear information about who will...
89.When notified by a tenant of any repairs needing attention,...
90.Repairs must be dealt with promptly and appropriately having regard...
94.You must pursue the contractor or supplier to remedy the...
96.On request, you must disclose to landlords, in writing, whether...
98.You must have clear written procedures in place for managing...
99.You must apply your policy and procedures consistently and reasonably....
102.If you are responsible for managing the check-out process, you...
103.If the tenant wishes to be present during the check-out...
104.You must give the tenant clear written information (this may...
108.You must respond to enquiries and complaints within reasonable timescales....
109.You must provide landlords and tenants with your contact details...
110.You must make landlords and tenants aware of the Code...
111.You must not communicate with landlords or tenants in any...
115.You must retain (in electronic or paper form) all correspondence...
116.You must comply with any Tribunal request to provide information...
117.In this section “client money” means money held or rent...
119.You must keep adequate records and accounts to show all...
122.You must have written confirmation from any bank or building...
123.You must regularly record and monitor all transactions and reconcile...
124.You must ensure clients’ money is available to them on...
126.You must hold a client money protection insurance policy unless...
129.When you contact landlords, tenants or guarantors who owe you...
134.On request you must disclose to landlords and tenants, in...
135.If applicable, you must have a procedure in place for...
136.You must keep the insurance claimant informed of the progress...
Options/Help
Print Options
PrintTable of Contents
PrintThe Whole Instrument
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Draft Policy Note
Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.