If you want to carry out letting agency work in Scotland you must apply to the Scottish Letting Agent Register. Scottish Ministers must approve your application before you can carry out letting agency work legally.
If you are already carrying out letting agent work without being registered, you will need to pay a higher application fee.
It is a criminal offence to do letting agency work if you are not on the register. If you're convicted, you could face a fine of up to £50,000, up to 6 months imprisonment or both.
You will be asked for a variety of information as part of your application, which can include:
- your business's address, contact details, company registration (if any)
- details of relevant unspent convictions or breaches of legislation
- details of professional indemnity and client money protection insurance
- details of current, refused or revoked memberships of professional or industry bodies
You will also need to provide the names and e-mail addresses of those in control of your business and those who must have a qualification or training. This includes:
- the most senior person in your business
- those owning 25% or more of your business (people or organisations)
- those with direct control or governance of the letting agency work (people or organisations)
- those required to hold a relevant qualification or training
We will email them with a link to a secure area for them to confidentially provide us with the relevant details, which can include:
- date of birth
- address history
- details of relevant unspent convictions
- breaches of legislation
- details of their qualification and additional training as necessary (if they are required to hold a qualification)
You will be able to track whether they have responded but, to maintain confidentiality, you will not be able to see the information they provide. You cannot submit your application until all individuals have provided the required information.
After you submit your application or renewal, the letting agent regulation team will contact you. They will ask for the documents they require to assess your application. You should have these documents ready to provide before the team contacts you.
Do not provide documents until you are asked to do so.
The team will ask to see copies of:
- qualification certificates for all those within your business required to hold a qualification - if the qualification is older than 3 years, they may also ask for documentary evidence of additional training (like a certificate or proof that they attended)
- the professional indemnity insurance policy for the business
If your business also holds or handles client money, the team will ask to see copies of:
- the client money protection insurance certificate for your business
- written confirmation from your bank that your bank account (or accounts) meet the requirements set out in section 8, paragraphs 121 and 122 of the Letting Agent Code of Practice
Anyone carrying out letting agent work without being registered who applies to the Register, will also be asked to provide further documents as part of the additional checks that the team will undertake.
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