A consultation has been launched in Scotland on a new code of practice for letting agents and a mandatory requirement for agents to undergo training before they can register.

Meanwhile, training and registration is coming ever closer to reality in Wales. Although no exact date has been given, implementation is set to be this autumn.

In England, housing minister Brandon Lewis has insisted that he will not regulate the industry, despite ongoing concerns – the latest over a franchise of Enfields.

The Housing (Scotland) Act has a framework for the regulation of letting agents in Scotland, including:

• a mandatory register of letting agents with an associated ‘fit and proper’ person test;
• a training requirement that must be met to be admitted to the register;
• a statutory code of practice all letting agents must follow;
• a way for tenants and landlords to resolve complaints against letting agents for breaches of the statutory Code of Practice through a new specialist First-tier Tribunal; and
• powers for Scottish ministers to obtain information and to inspect to monitor compliance and enforce regulatory requirements.

Housing minister Margaret Burgess said: “The Scottish Government wants to see a private rented sector that provides good quality homes and high management standards, inspires consumer confidence and encourages growth.

“Letting agents are vital to helping achieve this vision, and this new framework, including the code of practice, will support the industry to improve standards, provide a good service to both landlords and tenants, and empower customers.”

The Scottish consultation – which closes on November 15 and which could also easily provide a template for mandatory regulation of English letting agents – is here

Meanwhile in Wales, the Welsh Government is introducing a new registration and licensing scheme this autumn.

• all private landlords will be legally required to register with Rent Smart Wales and will also have to register their properties;
• whoever manages the property, the landlord or an appointed agent, must become licensed, and they must demonstrate they are ‘fit and proper’ to hold a licence and undertake approved training;
• once they are part of the Rent Smart Wales scheme, landlords and agents must keep their information up-to-date and comply with all requirements.