Property agents: the case for regulation

Regulation offers the potential to professionalise the industry, stamp out bad practice, create transparency and give consumers more control over who manages their property. Minimum qualification requirements and statutory Code of Practices to be adhered to by all letting and managing agents in England and sales agents across the UK should be introduced.

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Currently, estate agents do not need to be licensed or qualified. In Scotland, a solicitor will manage much of the property sale. However, in England, Wales and Northern Ireland, unless the estate agent is a qualified chartered surveyor, they will liaise with other professional parties.

The private rented sector is the second largest tenure in England behind owner occupation this equates to 4.6 million or 19% of households. The growth of the sector has prompted an increased focus on management standards and on the activities of letting and managing agents.

Benefits of regulation 

In 2014, legislation was passed making provisions for the regulation of letting agents in Scotland. This means that if you are carrying out letting agency work on any properties in Scotland, you need to meet the minimum training standards and join the Scottish Letting Agent Register in order to legally trade. 

The aim of the Scottish Government’s agent regulation is to ensure that every agent involved in lettings has the right skills to do the job and meets minimum training standards. 

The Scottish Government, through letting agent regulation, have introduced obligations for individuals employed in the industry, along with wider obligations for agencies. All agencies will need to ensure relevant staff are qualified and that staff understand and follow the Code of Practice. 

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