Premises & Operations

Register and run a letting agency in Scotland

If you let or manage homes for landlords in Scotland, you must be on the Scottish Letting Agent Register and follow the Letting Agent Code of Practice. Doing letting agency work while unregistered is a criminal offence, punishable by up to six months' imprisonment, a fine of up to £50,000, or both.

Construction & Property Scotland

If you let or manage homes for landlords in Scotland, in the course of your business, you must be on the Scottish Letting Agent Register and you must follow the Letting Agent Code of Practice. The register is kept by the Scottish Ministers, and registration lasts three years. It is a criminal offence to do letting agency work while unregistered, punishable by up to six months' imprisonment, a fine of up to £50,000, or both.

These rules apply to letting agents, property managers and any business that collects rent or finds tenants for landlords. If you only let your own property, you are a landlord, not a letting agent, and landlord registration with the local council applies instead.

The order to do things in

  1. Sort the training and insurance first, because the register asks for evidence of both.
  2. Open your client account if you will hold client money.
  3. Apply to the register and pay the fee for the number of offices you run.
  4. Run the business to the Code from the day you are registered.

Registration

Running the agency: the Code of Practice and client money

If you also let property outside Scotland

The Scottish register, with its fit and proper person test and mandatory training, covers only homes in Scotland. If you also let or manage homes elsewhere in the UK, you must meet that nation's rules for the properties you handle there.

If something goes wrong

If a landlord or tenant says you broke the Code, they must first tell you in writing. If they are not satisfied, they can apply to the First-tier Tribunal, which can order you to put things right and pay compensation.

Failing to comply with a Tribunal order is an offence. The Tribunal tells the Scottish Ministers, who take it into account in deciding whether you are a fit and proper person.

If the Ministers refuse or remove your registration, you can make written representations and then appeal to the First-tier Tribunal within 21 days. You cannot recover costs or charges for letting agency work after the relevant date.

Official guidance