PART 4Letting agents
Consequences of refusal or removal
I143No payment for letting agency work where refusal or removal
1
This section applies where the Scottish Ministers—
a
refuse to enter a person in the register or to renew the person's existing entry in the register under section 32,
b
remove a person from the register under section 38,
c
remove a person from the register under section 39,
d
remove a person from the register under section 40.
2
After the relevant date—
a
no costs incurred by the person in respect of letting agency work are recoverable,
b
no charge imposed by the person which relates to letting agency work in a period after the relevant date is recoverable.
3
Subsection (2)(a) does not apply in relation to costs incurred before the relevant date in a case where the person is removed from the register under section 38 or 40.
4
The Scottish Ministers must, as soon as practicable after the relevant date, publish in such manner as they think fit a notice of—
a
the refusal or removal mentioned in subsection (1),
b
the relevant date, and
c
the effect of subsection (2).
5
For the purposes of this section, the relevant date—
a
in the case of a refusal or removal mentioned in subsection (1)(a) or (c), is the later of the date on which—
i
the period mentioned in section 41(2) expires without an appeal being made,
ii
where such an appeal has been made, the appeal is finally determined or abandoned, and
b
in the case of a removal mentioned in subsection (1)(b) or (d), is the day after the day on which the person is removed from the register.