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.

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