Joining the Letting Agent Register
Letting agents working or managing property in Scotland need to meet the minimum training standards and join the Scottish Letting Agent Register to legally trade.
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.