The Structure and a Summary of the Act Part Four – Letting Agents
89.Part 4 of the Act makes provision to further regulate the letting agent industry in Scotland. The purpose of this part of the Act is to help improve letting agent levels of service and professionalism, by strengthening the regulation of the industry.
90.This involves the creation of a mandatory register of letting agents in Scotland, with an associated ‘fit and proper person test’; and the creation of a statutory code of practice to which all letting agents must adhere. The Act also enables the First-tier Tribunal (“FTT”) (which is to be established under the Tribunals (Scotland) Act 2014) to make a range of enforcement orders to provide redress for tenants and landlords in cases where a letting agent fails to comply with that code of practice.