Letting Agent Code of Practice
2.Section 46 of the Housing (Scotland) Act 2014 (“the 2014...
3.The Code forms part of a broader regulatory framework for...
4.These measures strengthen regulation of the letting-agent industry in Scotland....
6.The Code will also help landlords and tenants understand the...
10.If the Tribunal decides that a letting agent has failed...
11.How do the requirements of professional bodies and other legislation relate to the Code?
17.You must be honest, open, transparent and fair in your...
18.You must provide information in a clear and easily accessible...
19.You must not provide information that is deliberately or negligently...
20.You must apply your policies and procedures consistently and reasonably....
21.You must carry out the services you provide to landlords...
22.You must not unlawfully discriminate against a landlord, tenant or...
23.You must ensure all staff and any sub-contracting agents are...
24.You must maintain appropriate records of your dealings with landlords,...
25.You must ensure you handle all private information sensitively and...
26.You must respond to enquiries and complaints within reasonable timescales...
27.You must inform the appropriate person, the landlord or tenant...
28.You must not communicate with landlords or tenants in any...
39.You must get the landlord’s permission for advertising and marketing...
40.You must take all reasonable steps to ensure your letting...
41.You must comply with relevant legislation on the marketing and...
42.You must not advertise in a way that unlawfully discriminates...
44.You must also inform prospective tenants how to apply and,...
45.You must make prospective tenants aware of the Code and...
46.You must not knowingly omit relevant information or evade questions...
51.In deciding how you will conduct viewings on the landlord’s...
52.If you are to conduct viewings on the landlord’s behalf,...
55.You must inform the landlord in writing of all applications...
56.Applicants must be informed as soon as possible about the...
59.If you have contracted a third party to check references,...
60.You must ensure you handle all private information sensitively and...
61.You must take all reasonable steps to confirm the applicant’s...
63.If you arrange for the tenancy agreement to be signed,...
66.If you lodge tenancy deposits on a landlord’s behalf, you...
68.If you are responsible for managing the check-in process, you...
70.You must take reasonable steps to remind the tenant to...
74.If you carry out routine visits/inspections, you must record any...
75.Breaches of the tenancy agreement must be dealt with promptly...
77.If you collect rent on the landlord’s behalf, you must,...
81.You must take reasonable steps to ensure keys are only...
82.You must give the tenant reasonable notice of your intention...
83.If the tenant refuses access, you, the landlord or any...
86.You must put in place appropriate written procedures and processes...
87.If emergency arrangements are part of your service, you must...
88.You must give the tenant clear information about who will...
89.When notified by a tenant of any repairs needing attention,...
90.Repairs must be dealt with promptly and appropriately having regard...
94.You must pursue the contractor or supplier to remedy the...
96.On request, you must disclose to landlords, in writing, whether...
98.You must have clear written procedures in place for managing...
99.You must apply your policy and procedures consistently and reasonably....
102.If you are responsible for managing the check-out process, you...
103.If the tenant wishes to be present during the check-out...
104.You must give the tenant clear written information (this may...
108.You must respond to enquiries and complaints within reasonable timescales....
109.You must provide landlords and tenants with your contact details...
110.You must make landlords and tenants aware of the Code...
111.You must not communicate with landlords or tenants in any...
115.You must retain (in electronic or paper form) all correspondence...
116.You must comply with any Tribunal request to provide information...
117.In this section “client money” means money held or rent...
119.You must keep adequate records and accounts to show all...
122.You must have written confirmation from any bank or building...
123.You must regularly record and monitor all transactions and reconcile...
124.You must ensure clients’ money is available to them on...
126.You must hold a client money protection insurance policy unless...
129.When you contact landlords, tenants or guarantors who owe you...
134.On request you must disclose to landlords and tenants, in...
135.If applicable, you must have a procedure in place for...
136.You must keep the insurance claimant informed of the progress...