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PART 4Letting agents

Duties of registered letting agents

36Letting agent registration number

(1)The Scottish Ministers must allocate a number to each registered letting agent (the “letting agent registration number”).

(2)A registered letting agent must take all reasonable steps to ensure that the agent’s letting agent registration number is included in—

(a)any document sent to a landlord, tenant, prospective landlord or prospective tenant in the course of the agent’s letting agency work,

(b)any property advertisement or communication in relation to the agent’s letting agency work, and

(c)any other document or communication of a type specified by the Scottish Ministers by order.

(3)For the purposes of this section—

(a)“advertisement” includes any form of advertising whether to the public generally, to any section of the public or individually to selected persons, and

(b)“communication” includes electronic communications sent or placed on a web page on a website operated by or on behalf of the registered letting agent.

37Duty to inform: change of circumstances

(1)This section applies if, in consequence of a change in circumstances, any information provided by a registered letting agent to the Scottish Ministers by virtue of section 30 or, as the case may be, this section, becomes inaccurate.

(2)The registered letting agent must notify the Scottish Ministers in writing, as soon as practicable after the inaccuracy arises, of the change that has occurred.

(3)The notice must be accompanied by a fee of such amount (if any) as the Scottish Ministers may determine.

(4)It is an offence for a person to fail to comply with subsection (2) without reasonable excuse.

(5)A person who commits an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.