Scottish Statutory Instrument SI 2016/133 Scotland

The Letting Agent Code of Practice (Scotland) Regulations 2016

Enforced by
Scottish Government
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Trader25 Any Person17 Landlord8 Data Controller2 Contractor1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Trader — also bound by 864 other Acts
Any Person — also bound by 2684 other Acts
Landlord — also bound by 238 other Acts
Data Controller — also bound by 36 other Acts
Contractor — also bound by 171 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.002 Section 46 of the Housing (Scotland) Act 2014 (“the 2014... (opens in a new tab) Regulated
  • Letting agents must comply with the Code of PracticeTrader
s.007 What if a letting agent does not comply with the Code? (opens in a new tab) Regulated
  • Notify letting agent in writing if you believe they breached the CodeLandlord
s.009 If the Tribunal decides a letting agent has failed to... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal must issue enforcement order when letting agent breaches CodeTribunal / Court
s.010 If the Tribunal decides that a letting agent has failed... (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal must notify Ministers of non-compliance with enforcement orderTribunal / Court
s.012 All letting agents must comply with the Code but some... (opens in a new tab) Regulated
  • All letting agents must comply with the Letting Agent Code of PracticeTrader
s.014 Most letting agents offer a wide range of services to... (opens in a new tab) Regulated
  • Comply with Code requirements when providing letting servicesTrader
s.018 You must provide information in a clear and easily accessible... (opens in a new tab) Regulated
  • Provide information clearly and accessiblyTrader
s.019 You must not provide information that is deliberately or negligently... (opens in a new tab) Regulated
  • Do not provide misleading or false informationTrader
s.022 You must not unlawfully discriminate against a landlord, tenant or... (opens in a new tab) Regulated
  • Do not discriminate unlawfully against landlords, tenants or prospective tenantsAny Person
s.023 You must ensure all staff and any sub-contracting agents are... (opens in a new tab) Regulated
  • Ensure all staff and subcontractors know and follow the Code and legal requirementsAny Person
s.025 You must ensure you handle all private information sensitively and... (opens in a new tab) Regulated
  • Handle private information sensitively and in line with legal requirementsData Controller
s.028 You must not communicate with landlords or tenants in any... (opens in a new tab) Regulated
  • Do not communicate abusively, intimidate or threaten landlords or tenantsAny Person
s.029 Before taking instructions (opens in a new tab) Regulated
  • Comply with pre-instruction duties to landlord clientsTrader
s.031 If you know that a client is not meeting their... (opens in a new tab) Regulated
  • Do not act for a landlord who refuses to comply with the law and inform the authoritiesAny Person
s.032 Your terms of business must be written in plain language... (opens in a new tab) Regulated
  • Write terms of business in plain language with all required contentTrader
s.040 You must take all reasonable steps to ensure your letting... (opens in a new tab) Regulated
  • Include your letting agent registration number in all ads and communicationsTrader
s.041 You must comply with relevant legislation on the marketing and... (opens in a new tab) Regulated
  • Include landlord registration and EPC rating in adverts; remove boards within 14 daysTrader
s.042 You must not advertise in a way that unlawfully discriminates... (opens in a new tab) Regulated
  • Don't advertise in a way that unlawfully discriminatesAny Person
s.043 Giving correct information to prospective tenants (opens in a new tab) Regulated
  • Provide prospective tenants with full property and tenancy informationAny Person
s.046 You must not knowingly omit relevant information or evade questions... (opens in a new tab) Regulated
  • Tell prospective tenants the truth and answer all questions honestlyAny Person
s.048 In particular you must comply with section 82 of the... (opens in a new tab) Regulated
  • Do not charge tenants fees except rent and two months' depositAny Person
s.049 You must not, as a condition of granting the tenancy,... (opens in a new tab) Regulated
  • Do not require tenants to use paid third-party services as a condition of granting a tenancyTrader
s.052 If you are to conduct viewings on the landlord’s behalf,... (opens in a new tab) Regulated
  • Keep property keys secure and log their useLandlord
s.053 If a tenant lives at the property, you must give... (opens in a new tab) Regulated
  • Give tenants at least 24 hours' notice of viewings and ensure their presenceTrader
s.059 If you have contracted a third party to check references,... (opens in a new tab) Regulated
  • Ensure third-party referencing service does not charge tenantTrader
s.060 You must ensure you handle all private information sensitively and... (opens in a new tab) Regulated
  • Handle all private information sensitively and lawfullyData Controller
s.061 You must take all reasonable steps to confirm the applicant’s... (opens in a new tab) Regulated
  • Confirm tenant identity and verify referencesAny Person
s.062 Tenancy agreement (opens in a new tab) Regulated
  • Ensure tenancy agreements are legally complete and accurateLandlord
s.064 At the start of the tenancy, you must give the... (opens in a new tab) Regulated
  • Give tenant copy of tenancy agreement and statutory documentsAny Person
s.066 If you lodge tenancy deposits on a landlord’s behalf, you... (opens in a new tab) Regulated
  • Ensure tenancy deposits are lodged compliantlyLandlord
s.070 You must take reasonable steps to remind the tenant to... (opens in a new tab) Regulated
  • Remind tenant to sign inventory and notify if not returnedTrader
s.071 You must provide the tenant with a signed copy of... (opens in a new tab) Regulated
  • Provide tenant with signed copy of inventoryTrader
s.073 If you have said in your agreed terms of business... (opens in a new tab) Regulated
  • Provide management services you've agreed to, in line with the law and tenancy agreementAny Person
s.077 If you collect rent on the landlord’s behalf, you must,... (opens in a new tab) Regulated
  • Provide rent statements and cash receipts to tenantsAny Person
s.080 Property access and visits (opens in a new tab) Regulated
  • Keep keys secure and maintain records of key useAny Person
s.081 You must take reasonable steps to ensure keys are only... (opens in a new tab) Regulated
  • Only give keys to authorised peopleAny Person
s.082 You must give the tenant reasonable notice of your intention... (opens in a new tab) Regulated
  • Give tenant notice before visiting propertyAny Person
s.092 Where access is needed for repairs you must give the... (opens in a new tab) Regulated
  • Give tenant reasonable notice before accessing for repairsTrader
s.095 Contractors and third parties (opens in a new tab) Regulated
  • Check contractor qualifications and insurance, keep copiesContractor
s.097 Bringing the tenancy to an end (opens in a new tab) Regulated
  • Follow correct legal procedures when ending a tenancyLandlord
s.100 You must not try to persuade or force the tenant... (opens in a new tab) Regulated
  • Do not pressure tenants to leave without legal processLandlord
s.102 If you are responsible for managing the check-out process, you... (opens in a new tab) Regulated
  • Conduct thorough check-out and prepare detailed reportLandlord
s.105 Tenancy deposits (opens in a new tab) Regulated
  • Reach agreement with tenant on deposit repayment and make claim to schemeLandlord
s.107 Communications (opens in a new tab) Regulated
  • Include your letting agent registration number on all relevant documents and communicationsTrader
s.109 You must provide landlords and tenants with your contact details... (opens in a new tab) Regulated
  • Provide landlords and tenants with your contact details including a current telephone numberTrader
s.111 You must not communicate with landlords or tenants in any... (opens in a new tab) Regulated
  • Do not use abusive, intimidating, or threatening communicationTrader
s.114 You must not charge for handling a complaint. (opens in a new tab) Regulated
  • Do not charge for handling a complaintTrader
s.116 You must comply with any Tribunal request to provide information... (opens in a new tab) Regulated
  • Comply with Tribunal information requests about applicationsAny Person
s.119 You must keep adequate records and accounts to show all... (opens in a new tab) Regulated
  • Keep adequate records and accounts of all client money dealingsTrader
s.121 You must ensure you hold client money in one or... (opens in a new tab) Regulated
  • Keep client money in separate FCA-authorised accountsAny Person
s.124 You must ensure clients’ money is available to them on... (opens in a new tab) Regulated
  • Make client money available on request without delay or penaltiesTrader
s.128 Any charges you impose on late payment must not be... (opens in a new tab) Regulated
  • Do not charge unreasonable or excessive late payment feesTrader
s.129 When you contact landlords, tenants or guarantors who owe you... (opens in a new tab) Regulated
  • Do not use threatening or misleading debt collection practicesTrader
s.136 You must keep the insurance claimant informed of the progress... (opens in a new tab) Regulated
  • Keep insurance claimants informed of claim progressTrader
s.137 Criminal activity (opens in a new tab) Regulated
  • Notify authorities of suspected criminal activity by clientsTrader
84 other provisions — procedural and definitional
s.001 Citation and commencement
s.002 Letting Agent Code of Practice

Help complying

Guvnor’s practical routes through this instrument.

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.