Letting agent registration
In accordance with Section 61 of the Housing (Scotland) Act 2014 Letting Agents are now required to register on the Scottish Governments Landlords Agents Register
It is for agents themselves to establish whether or not they should register on the Landlords Agents Register, seeking legal advice where appropriate.
Agents that do not meet the definition as detailed in Section 61 of the Housing (Scotland) Act 2014, being for example, individuals acting on behalf of a family member or a friend won't usually be expected to have to register if they are not receiving an income as an agent. This would apply to parties not charging a fee or being paid and who do not receive any commercial gain.
Those agents should maintain their landlord registrations on the Scottish Governments Landlord Registration site and would not have to register on the Landlords Agents Register.
Anyone involved in the letting of houses must be registered on the Landlords Agents Register if they receive an income, are operating as a business and for commercial gain and would be required to submit an application and satisfy the ‘fit and proper’ person test set as required by legislation.
If you act as an Agent and are unsure if you should register on the Landlords Agents Register, helpful guidance is available on the Scottish letting agent registration guidance
You can contact the Scottish Government Landlord Agents Register team or South Lanarkshire Council's Landlord Registration team using the contact details shown.