Scottish Letting Agent Register and Code of Practice

The Letting Agent Code of Practice (Scotland) Regulations 2016 applies to everyone carrying out letting agency work in Scotland. The Code of Practice sets out standards for letting agent services, including specific requirements on how client money should be handled.

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...

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.

The SCQF Level 6 Certificate in Property Agency (Lettings) – Scotland certificated by Propertymark Qualification is one of four approved training programmes by the Scottish Government. If you achieved this qualifcation within the last three years then you will meet the training requirements. 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 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.

Related news