A letting agent Dundee is someone who helps landlords find tenants and manage their properties. They are required to be registered with the Scottish Government and to comply with a Letting Agent Code of Practice.
The lettings sector in Scotland is currently experiencing 'desperate' conditions following the introduction of a rent freeze and evictions moratorium. This has a significant impact on both the industry and tenants.
Requirements for letting agents
Letting agents in scotland are required by law to be registered on the Register of Scottish Letting Agents. This is operated by the Scottish Government and ensures letting agents are suitable to carry out such work and meet a set of minimum training requirements.
In addition to meeting the requirements of the Register, all letting agents need to complete 20 hours of continued professional development (CPD) every three years, 15 of which must be formal learning. This can be completed through the Letting Agent Compliance Programme (LASP), which is a recognised course designed to meet the requirements of the letting agent code of practice.
It’s also important to remember that letting agents must not discriminate against a landlord, tenant or prospective tenant on the basis of protected characteristics such as disability, sexual orientation and sex. For example, if a letting agent says you can’t rent to people who get benefits or who live abroad, this could be discriminatory under the Equality Act 2010.
Another thing to check when choosing a letting agent is their advertising and marketing strategy. This will help you decide which letting agents are the most effective in finding tenants for your property.
The Register of Letting Agents
If you use a letting agent in Scotland, they should be registered with the Scottish Government’s Register of Letting Agents. This will ensure they have met the necessary training and qualifications.
If they’re not registered, they’re breaking the law and could be fined. You can check if they’re on the Register by using their unique letting agent registration number.
You can also apply to the Tribunal if you think your letting agent has broken the law. The Tribunal can issue an enforcement order and the letting agent must follow it.
The letting agent can be fined, suspended or banned from doing letting agency work in the future.
The Code of Practice was introduced on 31 January 2018. If your letting agent isn’t following the Code, you can make a complaint to them. They should give you a copy of their complaints procedure.
The Letting Agent Code of Practice
Anyone who carries out letting agency work in Scotland must comply with the Letting Agent Code of Practice. The Code sets out the standards of practice that letting agents should deliver and includes specific requirements around how clients’ money should be handled.
It is also compulsory for letting agents to have Client Money Protection and Professional Indemnity Insurance. The Code aims to help raise standards and build a more effective private rented sector that meets the needs of landlords, tenants and letting agents.
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The Code covers all areas of letting agency work from taking instructions from a landlord, letting and managing a property through to the ending of a tenancy. It will help landlords and tenants understand the standards of practice they can expect from letting agents; whether these are met; and, where necessary, how to resolve problems through the First-tier Tribunal if they believe a letting agent has failed to comply with the Code.
If you think your letting agent is breaking the law you can make a complaint to them or to the Scottish Ministers. This could include if they have unlawfully discriminated against you on the basis of protected characteristics such as sex or disability.
Complaints about letting agents
If you’re a private residential tenant and you are unhappy with the service you’ve received from your letting agent, you can make a complaint. However, you should first try to resolve the issue with your letting agent.
If this fails, you can apply to the tribunal. The tribunal process is free and you do not need a solicitor.
You can also take your letting agent to small claims court if they have broken the law. But it is important to get professional advice from a legal expert before taking this route.
Good letting agents will have business values that are based on honesty, integrity and hard work. They will work tirelessly to find a suitable tenant for your property.
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