Introduction

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, under the Housing (Scotland) Act 2014. The Act’s definition of ‘letting agents’ is very broad and could therefore affect a number of Scottish solicitors and their firms or organisations. Please complete the short survey by 11 February 2015 so we can gauge how many Scottish solicitors and firms/organisations may potentially be affected by the regulations.

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* 1. Do you believe your firm/organisation carries out letting agency work as defined in the Act?

‘Things done by a person in the course of that person’s business in response to relevant instructions which are-

(a) Carried out with a view to a landlord who is a relevant person entering into, or seeking to enter into a lease or occupancy arrangement by virtue of which an unconnected person may use the landlord’s house as a dwelling, or
(b) For the purpose of managing a house (including in particular collecting rent, inspecting the house and making arrangements for the repair, maintenance, improvement or insurance of the house) which is, or is to be, subject to a lease of arrangement mentioned in paragraph (a).’

(Please note, this definition contains a number of terms defined elsewhere in legislation)

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* 2. Approximately how many people (both solicitors and non-solicitors) in your firm/organisation could be considered ‘letting agents’ under the definition provided by the Scottish Government?

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* 3. How important do you believe it is for the Law Society, on behalf of the solicitor profession, to provide input to the Government on the letting agent regulatory model?:

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* 4. Are you interested in joining a Law Society working party to have your say on the Government’s draft regulatory model for letting agents?

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* 5. So that we can build a complete picture of which individual solicitors and firms are affected, please tell us:

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* 6. Please tell us your email address so we can keep you up to date with information about the letting agent regulations.

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