Renting from a letting agent as a private tenant

If your landlord is using a letting agent to manage the property, they’ll usually be your contact.

Your landlord is still legally responsible for:

• registering as a landlord
• making sure the property meets the legal standard of repair
• following rules for taking and protecting a deposit
• following rules for returning a deposit

Checking that a letting agent is registered

Before renting from a letting agent, check they’re registered.

It’s a criminal offence for letting agents to work unregistered.

Check the 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 they deal 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 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.