EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make amendments to the Letting Agent Registration (Scotland) Regulations 2016 (“the Registration Regulations”) and the Letting Agent Code of Practice (Scotland) Regulations 2016 (“the Code of Practice”).

Regulation 2 amends the Registration Regulations in relation to the information required in an application for registration as a letting agent to ensure that the Registration Regulations reflect the requirements in the Code of Practice and to make provision for those letting agents who do not hold and handle client money.

Regulation 3(2)(a) and (f) amends the Code of Practice to make provision for those letting agents who do not hold and handle client money. Regulation 3(2)(b) to (d) makes amendments to ensure the Code of Practice works effectively for all types of tenancy, including the private residential tenancy. Regulation 3(2)(e) clarifies the provision in relation to notice for access to the property.

A Business and Regulatory Impact Assessment has been carried out in relation to the letting agent Code of Practice and registration requirements. It has been placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Housing and Social Justice Directorate, Victoria Quay, Edinburgh, EH6 6QQ.