Letting Agent Regulation
Who needs to register
If you do letting agency work in Scotland you will soon be required by law to comply with a Letting Agent Code of Practice and to join a Register of Letting Agents.
The Register of Letting Agents will be a list run by Scottish Ministers that will make sure every letting agent is suitable to do the job and has met minimum training requirements.
Sign up for updates
You can sign up for updates about the regulation of letting agents, or ask the Scottish Government a question.
When do I need to register?
The register is likely to start accepting applications from early in 2018. You must have submitted an application by 30 September 2018.
Letting agency work generally means you either:
- carry out work for a private landlord who wants to let their property out to a tenant
- manage a property (including collecting rent, inspecting the property and arranging for repairs and maintenance) which either is currently or is planned to be rented out to a tenant
There is a legal definition of letting agency work, you must consider this definition in deciding whether you need to register and comply with the Code. For a more detailed explanation, and to view the legal definition, see section 61 of the Housing (Scotland) Act 2014.
If you aren't sure
It's up to every person and company involved in the process of letting out property to decide whether they think what they do counts as letting agency work.
If you aren't sure, you should ask yourself the following questions:
- is the work you do for a property owner a business arrangement?
- do you charge a fee or take another type of payment for the work you do? (Just because you don't take a fee for the work you do, does not automatically mean you are not a letting agent)
- are you regularly doing work related to letting and managing properties? (If you are regularly doing work for a private landlord, this may be considered a business arrangement)
If you answer 'yes' to all of these questions, you probably do need to join the register.
If you still aren't sure, you should seek legal advice to find out whether you need to register.
If you own and manage your own properties
You don't need to register if you only manage properties you own.
If you've established a company to own and manage your properties
If you have established a company to own your properties you are unlikely to need to register if:
- you carry out the letting and management of your company's properties in your role as a Director, officer or employee of the company, and
- you don't let or manage properties owned by another private landlord
If you manage properties for a family member
Whether or not you need to register will depend on the exact circumstances of the arrangement you have in place.
If you're helping with the letting and management of a property that's owned by a family member, you won't usually be expected to register if:
- you're making no money from it - not charging a fee or being paid (no commercial gain)
- it isn't part of your business
- you only occasionally help out
You would still need to register as an agent under landlord registration.
If you're managing a family member's property under a power of attorney
You don't need to register in this situation.
If you're a solicitor who prepares leases for your clients
The definition of letting agency work must be considered within the context of the whole of Part 4 of the Housing (Scotland) Act 2014.
The definition of letting agency work, which incorporates a definition of relevant instructions, does not capture the act of only preparing a lease. If, in your capacity as a solicitor, you only prepare a lease you will not expected to register.
If you carry out other actions which constitute "letting agency work" you will be required to register.
If you only let and manage holiday lets
Where you only let out and manage holiday lets you will not be expected to register.
If you're a contractor (plumber, electrician etc)
You won't normally have to register if you're a contractor and the work you carry out on a property is purely part of your job.
If you're not based in Scotland
If your business is outside Scotland and is doing letting agency work (as defined in the Act) in Scotland, you will need to apply to join the register and comply with the Code.
The Scottish Government has now published details of the application fee that those applying to join the Register of Letting Agents must pay. The level of application fee that applicants will pay depends on the number of offices their business has, where letting agency work is carried out, and whether they applied to join the register or re-register within the stated deadlines. Please see the Letting Agent Registration Guidefor further information.
Letting Agent Regulation Landlord and Tenant Guides
The Scottish Government has also published information guides for landlordsand tenantsabout letting agent regulation. These aim to help landlords and tenants understand what letting agent regulation is and what it will mean for them.