Appeal to solicitors over letting agents regulations

Solicitors are being asked to provide feedback to the Law Society of Scotland on the likely impact of new regulations for letting agents set out under the Housing (Scotland) Act 2014.

The Scottish Government is in the process of preparing to implement a new scheme for the mandatory regulation and registration of letting agents in Scotland. The Society had argued for solicitors to be excluded from the new controls, because of the level of regulation to which solicitors are already subject, but the broad definition of "letting agents" in the Act could affect a number of Scottish solicitors and their businesses. It includes anything done under instructions with a view to a landlord entering into a tenancy arrangement of a house with an unconnected person, or for the purpose of managing a house which is to be subject to such an arrangement.

Regulations to be made under the Act are expected to include mandatory registration of all letting agents, a code of practice, training requirements, a scheme for monitoring compliance and enforcement and a complaints regime.

The Society is asking any members who think that they or their firm/organisation may carry out letting agency work as defined in the Act, to let them know by 11 February 2015 so that they can see how many Scottish solicitors and firms/organisations may potentially be affected by the regulations.

Depending on the level of interest, the Society has also proposed forming a small working party, enabling Scottish solicitors to have their say on the detailed proposals contained in the draft regulations.

Any members who think the new regulations may affect them, or interested in joining the working party, should visit the Society's website for further information.