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.