Regulation of Letting Agents Monitoring Compliance and Enforcement Framework: Updated 2021
6 Sep 2021 12:35 PM
This document sets out the Scottish Ministers’ framework for monitoring the compliance and enforcement of letting agent regulation in Scotland.
Regulation of Letting Agents Monitoring and Compliance Framework
Introduction
This document sets out the Scottish Ministers' approach to ensuring compliance by those undertaking letting agency work. It makes clear the steps that Scottish Ministers will take to monitor the compliance with the requirements:
- of those required to apply to join the Register of Letting Agents;
- when determining an application to join the Register; and
- of registered letting agents.
It also sets out the action the Scottish Ministers may take to secure compliance with the requirements where necessary.
Effective monitoring of compliance is an important aspect of the Scottish Government's approach and will help to achieve improved standards of practice and ensure that all letting agents comply with their responsibilities. This will enable letting agents to compete on a fair basis, improve the reputation of the industry and instil greater consumer confidence in using a letting agent.
Principles and objectives
Principles
Our approach is founded upon the Scottish Government's five principles of Better Regulation. The principles state that any regulation should be:
- Transparent - be open and keep regulations (and how they are implemented) simple and user-friendly.
- Accountable – be able to justify decisions and be subject to public scrutiny.
- Proportionate – only intervene when necessary. Remedies should be appropriate to the risk posed and costs identified and minimised.
- Consistent – rules and standards must be joined up and implemented fairly.
- Targeted – regulation should be focused on the problem and minimise the side effects.
Objectives
This document sets out a framework for monitoring the compliance of those individuals and businesses undertaking letting agency work. Our objectives are to:
- support compliance with the legislative requirements in relation to letting agent work
- provide clear information to those undertaking letting agency work about
- how Scottish Ministers will assess their fit and proper status, monitor
- compliance and ensure that the requirements of the regulations are met; and
- reduce duplication and minimise unnecessary burden upon registered
- letting agents by targeting compliance activity on those assessed as being
- at greater risk of non-compliance.
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