Letting agents

What is a letting agent

A letting agent carries out work for a landlord who wants to let out a property to a tenant. For example, they might:

• draw up the tenancy agreement

• collect the rent

• inspecting the house and doing repairs.

A letting agent can also help you to find a house to rent from a private landlord. You’ll normally be asked to give details of your job and income. You might need to give them references from your employer, bank, and present or previous landlord.

Fees, deposits and rent in advance

Landlords and letting agents can charge a deposit of up to 2 months’ rent.

Landlords and letting agents usually ask you to pay some rent in advance. Most ask for 1 or 2 months’ rent in advance. They can ask for up to 6 months' rent.

It's against the law for a landlord or letting agent to charge you fees for starting or renewing a tenancy. For example:

• fees for credit checks or reference checks

• other administration fees

• holding fees, key money or premiums.

Find out more about illegal fees and deposits.

Immigration checks by landlords in England

Landlords, in England who let private rented accommodation must do 'right to rent' immigration checks. This means checking that adults over 18 have the right to live in the UK before allowing them to rent the property.

Landlords in Scotland do not have to do these checks.

Letting agent registration

Letting agents in Scotland must join the Register of Letting Agents.

It's an offence for a letting agent to work if they're not on the register. The Register of Letting Agents is run by the Scottish Government. A letting agent must pass a fit and proper person test before they can join.

You can searching the Scottish Letting Agent Register to find out if a letting agent:

• is registered

• has been refused

• had their registration removed

You can find the Scottish Letting Agent Register on the Scottish government website.

Letting Agent Code of Practice

Letting agents in Scotland must also comply with the Letting Agent Code of Practice. The Code sets out rules about:

• standards of practice

• engaging landlords

• lettings

• management and maintenance

• ending the tenancy

• communications and resolving complaints

• handling landlords’ and tenants’ money, and insurance arrangements.

You can find the Letting Agent Code of Practice on the Scottish government website.

If a landlord or letting agent discriminates against you

A landlord or letting agent must not discriminate against you because of these protected characteristics:

• disability

• gender reassignment

• pregnancy and maternity

• race

• sex

• sexual orientation

• religion.

These protected characteristics are covered by the Equality Act 2010. A landlord or agent might be breaking the law if, because of a protected characteristic, they:

• refuse to rent a property to you

• charge you higher rent than other tenants

• give you worse terms in your tenancy agreement than other tenants

• treat you differently from other tenants when you use facilities, such as laundry or a garden

• evict or harass you because of a characteristic you have

• refuse to do repairs or make reasonable changes that would allow a disabled person to live there.

Find out more about discrimination in housing.

If a landlord or letting agent will not rent to you because you get benefits or have children

A private landlord or letting agent cannot stop you renting a home because you get benefits or have children. This is called ‘rental discrimination’. Rental discrimination is a criminal offence in Scotland.

If you’re a current tenant, your landlord cannot end your tenancy because you get benefits. They cannot ban children from living in or visiting your home.

Find out what to do if a landlord or letting agent will not rent to you because you get benefits or have children.

Changing letting agents mid-tenancy

A tenancy agreement is a contract between you and your landlord. The letting agent works on behalf of the landlord. If your landlord changes the letting agent mid-tenancy, this does not affect the rights of you or your landlord.

Information for landlords about using a letting agency

Find out more about using a letting agent on mygov.scot.

Making a complaint about a letting agent

If you think that a letting agency has broken the rules of the Code of Practice, you should tell them in writing and ask them to resolve the issue. All letting agents in Scotland must have a complaints procedure.

Find out how to make a complaint to your letting agency on the Shelter Scotland website.

If you’re unhappy with the response to their complaint, you can take their complaint further by applying to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Find out how to take your letting agent to the tribunal on the Shelter Scotland website.

You can get advice about taking a complaint to the First-tier Tribunal from a Citizens Advice Bureau. Find out how to contact your local Citizens Advice Bureau.