Using a letting agent as a private landlord
You can use a letting agent to manage a tenancy on your behalf.
The fee a letting agent will charge depends on the services you agree with them.
If you hire a letting agent, you're still legally responsible for meeting your responsibilities as a landlord.
Checking that a letting agent is registered
Before hiring a letting agent, check they’re registered.
It’s a criminal offence for letting agents to work unregistered.
Check a letting agent is on the Scottish Letting Agent Register.
Standards letting agents must meet
Letting agents must follow a code of practice. This sets out standards they must meet when dealing with both landlords and tenants.
The code helps you know:
- what to expect from a letting agent
- what you can challenge them on if they fail to meet the standards
Read the letting agent code of practice on gov.scot.
Making a complaint
You can make a formal complaint if a letting agent does not meet:
- the terms of the contract you agreed with them
- the standards in the code of practice
Letting agents must have a written complaints process.
Ask the letting agent for a copy of their process and follow it. Make your complaint in writing and keep copies as evidence.
You must give the letting agent time to respond to a complaint.
If making a complaint does not work
You can take a letting agent to the First-Tier Tribunal for Scotland (Housing and Property Chamber) if:
- the letting agent failed to respond to your complaint in a reasonable time
- they did not follow their complaints process
- the complaints process failed to resolve the issue
The tribunal will decide if the letting agent has failed to follow the code of practice.
The tribunal can give the letting agent a Letting Agent Enforcement Order. This tells letting agents steps they must take. They can be prosecuted if they ignore it.
How to apply to the tribunal
Complete application form J (Letting Agents Applications) and send it to the tribunal.
Get form J and notes on completing it on the tribunal website.
You must also send the tribunal copies of your complaints and any responses you got.
There is no cost to apply to the tribunal.