# The Letting Agents (Notice Requiring Information) (Scotland) Regulations 2018 S.S.I. 2018/115 · made 29 March 2018 These Regulations provide for a notice requiring information from a person who appears to be a letting agent for the purpose of monitoring compliance with Part 4 of the Housing (Scotland) Act 2014 (“the 2014 Act”). Made under: Housing (Scotland) Act 2014 (Section 52) PDFs: Printed copy https://openlegislation.uk/letting-agents-notice-requiring-information-scotland-regulations-2018/pdf/ssi_20180115_en.pdf; Policy Note https://openlegislation.uk/letting-agents-notice-requiring-information-scotland-regulations-2018/pdf/ssipn_20180115_en.pdf ## Introductory text Housing Made 29th March 2018 Laid before the Scottish Parliament 4th April 2018 Coming into force 26th May 2018 The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 52(2) of the Housing (Scotland) Act 2014 and all other powers enabling them to do so. ## 1 Citation and commencement These Regulations may be cited as the Letting Agents (Notice Requiring Information) (Scotland) Regulations 2018 and come into force on 26th May 2018. ## 2 Notice requiring information (1) A notice requiring information under section 52(1) of the Housing (Scotland) Act 2014 (power to obtain information) must be in one of the forms set out in the schedule. (2) A notice to be sent to a person who is not a registered letting agent must be in the form set out in Part 1 of the schedule. (3) A notice to be sent to a person who is a registered letting agent must be in the form set out in Part 2 of the schedule. ## 3 Service of the notice (1) A notice mentioned in regulation 2 may be served by being— (a) delivered personally to the person; (b) sent to the person’s address by— (i) a registered post service (as defined in section 125(1) of the Postal Services Act 2000; or (ii) a postal service which provides for the delivery of the notice to be recorded; or (c) sent to the person’s email address as provided in the person’s application for registration as a letting agent. (2) Where a notice is served as mentioned in paragraph (1)(b) or (c), it is to be taken to have been received 48 hours after it is sent unless the contrary is shown. ## 4 Time limit for providing information (1) Subject to paragraph (2), where a person receives a notice mentioned in regulation 2, the person must provide the information specified in the notice within 28 days of receipt of the notice. (2) Before that period of 28 days has expired, a person who receives a notice mentioned in regulation 2 may request Scottish Ministers to extend the time limit by another 28 days. (3) The Scottish Ministers may only agree to the extension of the time limit where they are satisfied that there is good reason to do so. ## Signature KEVIN STEWART Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th March 2018 ## 1 Notice Requiring Information If you carry out letting agency work in Scotland you are required by law to comply with the Letting Agent Code of Practice and to join the Register of Letting Agents. From 1 October 2018, it is illegal to carry out letting agency work unless you are registered. The Register of Letting Agents is a list set up and run by the Scottish Ministers that makes sure every letting agent is suitable to do the job and has met minimum training requirements covering essential aspects of letting agency work. The Scottish Ministers have the power to require information and documents from unregistered persons who appear to be letting agents. It has come to their attention that you appear to be carrying out letting agent work but are not currently registered to undertake this type of work. In order to help us establish whether you must register as a letting agent, you must send us the information specified, and by the date set out, in Annex A. ## 2 Notice Requiring Information LETTING AGENT REGISTRATION NUMBER: ## Explanatory note (This note is not part of the Regulations) These Regulations provide for a notice requiring information from a person who appears to be a letting agent for the purpose of monitoring compliance with Part 4 of the Housing (Scotland) Act 2014 (“the 2014 Act”). Regulation 2 provides that a notice must be in one of the forms set out in the schedule, depending on whether the recipient is or is not a registered letting agent. Regulation 3 provides for the methods by which a notice may be served. Regulation 4 provides that there is a 28-day time limit for complying with the notice. This time limit may be extended by another 28 days if the Scottish Ministers are satisfied that there is good reason and the request to extend is made before the time limit expires. Failure to comply with the notice may be considered by the Scottish Ministers when deciding if a person is a fit and proper person to be registered as a letting agent under section 34(1) of the 2014 Act and is an offence under section 56(1) of the 2014 Act. No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen. --- Source: https://www.legislation.gov.uk/ssi/2018/115 (the official version) Page: https://openlegislation.uk/letting-agents-notice-requiring-information-scotland-regulations-2018 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.