Date lodged: 15 June 2016
To ask the Scottish Government what criteria will apply to bodies or companies seeking to be on the register of letting agents, and whether these will include consideration of public complaints about them.
Answered by: Kevin Stewart 28 June 2016
Part 4 of the Housing (Scotland) Act 2014 requires Scottish Ministers to enter an applicant in the register of letting agents if they are satisfied that:
They are a fit and proper person to carry out letting agency work; and they meet such training requirements that may be prescribed by ministers.
Section 34 of the Act sets out that, in considering whether a person is fit and proper, Scottish Ministers must have regard to all the circumstances of the case including a range of factors such as criminal convictions, contravention of housing, landlord and tenant law and the extent to which they have complied with the letting agent code of practice or any letting agent enforcement order.
We are working with a variety of stakeholders to develop appropriate registration policies and procedures for when these provisions come into force. This includes considering how consumer complaints about an applicant should be taken into account.