The Letting Agent Code of Practice (Scotland) Regulations 2016

84 other provisions — procedural and definitional

s.001 Citation and commencement

s.001 Background (opens in a new tab)

s.002 Letting Agent Code of Practice

s.003 The Code forms part of a broader regulatory framework for... (opens in a new tab)

s.004 These measures strengthen regulation of the letting-agent industry in Scotland.... (opens in a new tab)

s.005 Who does the Code apply to? (opens in a new tab)

s.006 The Code will also help landlords and tenants understand the... (opens in a new tab)

s.008 The 2014 Act enables the Tribunal to decide whether a... (opens in a new tab)

s.011 How do the requirements of professional bodies and other legislation relate to the Code? (opens in a new tab)

s.013 Using the Code (opens in a new tab)

s.015 In the Code “you” means a letting agent. (opens in a new tab)

s.016 You must conduct your business in a way that complies... (opens in a new tab)

s.017 You must be honest, open, transparent and fair in your... (opens in a new tab)

s.020 You must apply your policies and procedures consistently and reasonably.... (opens in a new tab)

s.021 You must carry out the services you provide to landlords... (opens in a new tab)

s.024 You must maintain appropriate records of your dealings with landlords,... (opens in a new tab)

s.026 You must respond to enquiries and complaints within reasonable timescales... (opens in a new tab)

s.027 You must inform the appropriate person, the landlord or tenant... (opens in a new tab)

s.030 Terms of business (opens in a new tab)

s.033 You and the landlord must both sign and date your... (opens in a new tab)

s.034 In line with the Consumer Contracts (Information, Cancellation and Additional... (opens in a new tab)

s.035 Any subsequent changes to your terms of business should be... (opens in a new tab)

s.036 If a landlord or tenant (including former landlord and tenant)... (opens in a new tab)

s.037 Ending the agreement (opens in a new tab)

s.038 Marketing and advertising (opens in a new tab)

s.039 You must get the landlord’s permission for advertising and marketing... (opens in a new tab)

s.044 You must also inform prospective tenants how to apply and,... (opens in a new tab)

s.045 You must make prospective tenants aware of the Code and... (opens in a new tab)

s.047 Charging fees (opens in a new tab)

s.050 Viewings (opens in a new tab)

s.051 In deciding how you will conduct viewings on the landlord’s... (opens in a new tab)

s.054 Applications (opens in a new tab)

s.055 You must inform the landlord in writing of all applications... (opens in a new tab)

s.056 Applicants must be informed as soon as possible about the... (opens in a new tab)

s.057 References and checks (opens in a new tab)

s.058 If you are to check references and make other checks,... (opens in a new tab)

s.063 If you arrange for the tenancy agreement to be signed,... (opens in a new tab)

s.065 Tenancy deposits (opens in a new tab)

s.067 Moving in (inventory/check-in) (opens in a new tab)

s.068 If you are responsible for managing the check-in process, you... (opens in a new tab)

s.069 If the tenant is not present for the making of... (opens in a new tab)

s.072 If the tenant asks in writing for the landlord’s name... (opens in a new tab)

s.074 If you carry out routine visits/inspections, you must record any... (opens in a new tab)

s.075 Breaches of the tenancy agreement must be dealt with promptly... (opens in a new tab)

s.076 Rent collection (opens in a new tab)

s.078 You should inform the landlord in writing of the late... (opens in a new tab)

s.079 In managing any rent arrears, you must be able to... (opens in a new tab)

s.083 If the tenant refuses access, you, the landlord or any... (opens in a new tab)

s.084 You must make it clear to the tenant or occupier... (opens in a new tab)

s.085 Carrying out repairs and maintenance (opens in a new tab)

s.086 You must put in place appropriate written procedures and processes... (opens in a new tab)

s.087 If emergency arrangements are part of your service, you must... (opens in a new tab)

s.088 You must give the tenant clear information about who will... (opens in a new tab)

s.089 When notified by a tenant of any repairs needing attention,... (opens in a new tab)

s.090 Repairs must be dealt with promptly and appropriately having regard... (opens in a new tab)

s.091 You must inform the tenant of the action you intend... (opens in a new tab)

s.093 If there is any delay in carrying out the repair... (opens in a new tab)

s.094 You must pursue the contractor or supplier to remedy the... (opens in a new tab)

s.096 On request, you must disclose to landlords, in writing, whether... (opens in a new tab)

s.098 You must have clear written procedures in place for managing... (opens in a new tab)

s.099 You must apply your policy and procedures consistently and reasonably.... (opens in a new tab)

s.101 Inventory/check-out (opens in a new tab)

s.103 If the tenant wishes to be present during the check-out... (opens in a new tab)

s.104 You must give the tenant clear written information (this may... (opens in a new tab)

s.106 In the event of a dispute, the agent and tenant... (opens in a new tab)

s.108 You must respond to enquiries and complaints within reasonable timescales.... (opens in a new tab)

s.110 You must make landlords and tenants aware of the Code... (opens in a new tab)

s.112 Complaints resolution (opens in a new tab)

s.113 The procedure must also set out how you will handle... (opens in a new tab)

s.115 You must retain (in electronic or paper form) all correspondence... (opens in a new tab)

s.117 In this section “client money” means money held or rent... (opens in a new tab)

s.118 Client accounts (opens in a new tab)

s.120 You must be able to account immediately to them for... (opens in a new tab)

s.122 You must have written confirmation from any bank or building... (opens in a new tab)

s.123 You must regularly record and monitor all transactions and reconcile... (opens in a new tab)

s.125 You must pay or repay client money as soon as... (opens in a new tab)

s.126 You must hold a client money protection insurance policy unless... (opens in a new tab)

s.127 Debt recovery (opens in a new tab)

s.130 Professional indemnity arrangements (opens in a new tab)

s.131 Cover must be on a full civil liability basis and... (opens in a new tab)

s.132 You must give further details (such as the name of... (opens in a new tab)

s.133 Provision of insurance products (opens in a new tab)

s.134 On request you must disclose to landlords and tenants, in... (opens in a new tab)

s.135 If applicable, you must have a procedure in place for... (opens in a new tab)