Letting agent regulation enforcement framework published

The Scottish Government has published details of how the new letting agent registration requirements will be monitored and enforced.

Monitoring action will include:

• a fit and proper person test including a criminal record check on applicants
• monitoring of the nature of any letting agent code of practice enforcement orders issued and ensuring they are complied with
• mystery shopping exercises
• reviewing terms of business, policy and procedure documents
• compliance visits (where there are serious concerns about a business these may be unannounced).

Enforcement action can include:

• an application to the First-tier Tribunal for Scotland for a determination on whether a letting agent has complied with the requirements of the code of practice
• refusing or revoking registration
• where there is evidence that there has been a serious breach of the requirements of the legislation, criminal proceedings can be considered.

Full details of the framework can be read here.