It was introduced to protect landlords and tenants while eradicating poor quality housing. It states that it will 'help raise standards (where this is needed) and help build a more effective Private Rented Sector that meets the needs of tenants, landlords and letting agents'. Read the Code of Practice...
Fact sheet: The Letting Agent Code of Practice (Scotland) Regulations 2016
The Housing (Scotland) Act gives powers to the Scottish Government to create a Code of Practice and introduces new rules, which all letting agents must follow. Read this fact sheet to see how the code of practice affects you.
Fact sheet: The Letting Agent Registration (Scotland) Regulations 2016
The Housing (Scotland) Act was passed on 1 August 2014 and sets out the Scottish Government’s plan to improve levels of service and professionalism from letting agents.
Propertymark Qualifications
Specialist, regulated property qualifications which you can complete flexibly through distance learning or with additional support with a Propertymark Qualifications recognised centre.
Training courses
Our courses cater for everyone no matter what stage you are at in your career. They are delivered by industry experts and cover a large variety of property-related subjects.
Mygov.scot
Visit the Scottish Government website's letting agent registration guide for more information on how to apply, training, qualifications and how to renew your registration.
Joining the Letting Agent Register
Qualifications and training
Registration requires evidence that everyone in your business (who needs to) has the relevant qualification covering the essential aspects of residential letting. The qualification must be SCQF Level 6 or above.
Propertymark Qualifications is one of four training providers approved by the Scottish Government. If you achieved the Level 6 Award in Residential Letting and Property Management within the last three years then you meet the training requirement. You will need to do 20 hours additional training if you passed the qualification over three years ago.
Fit and proper persons test
Everyone applying to be on the register will need to meet the standards laid out in a ‘fit and proper person test’. If you apply on behalf of your company, the Scottish Government may need to conduct the test on multiple people within the company.
Client Money Protection (CMP) and professional indemnity insurance
All agencies must ensure they hold client money in a dedicated client account. Many agents have found that banks and building societies provide ARLA Propertymark members easier access to dedicated accounts. You must also belong to a Client Money Protection (CMP) scheme and hold Professional indemnity insurance. Our CMP scheme meets the levels required in the Code of Practice.
What happens if i do not register?
It is a criminal offence to carry out letting agency work in Scotland if you are not on the register—with the possibility of fines of up to £50,000 and prison sentences of up to six months for those convicted.
Application fees
The application fee is for a three-year registration and the fee you pay is determined by the number of offices your business has where letting agency work is carried out.
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Since the introduction of the Private Housing (Tenancies) (Scotland) Act 2016, agents have had to adapt to working with the new Private Residential Tenancy (PRT) and get to grips with what that means for them on a day to day basis. One issue that was raised as a potential problem was how to deal with joint tenancies under a PRT where one tenant wants to leave.
RoPA news
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Housing Minister Matthew Pennycook MP candidly admitted that the current Act contains flaws requiring further legislative action and has unveiled a series of consultations and measures. He has also committed to strengthening the regulation of managing agents, including as a minimum, mandatory professional qualifications.
Agent regulation is still on the UK Government agenda, confirms Housing Minister
With all eyes on the Renters’ Rights Bill, discussion around the regulation of property agents (RoPA) has taken a back seat. However, responding to a question in Parliament, Housing Minister Matthew Pennycook MP stated that reforming the sector included raising professional standards amongst agents to protect consumers and defend the reputation of good agents from the actions of rogue operatives.