Letting Agent Update: Housing (Scotland) Act 2025

We recently blogged on the rollout of the new rent control regime following publication of Housing (Scotland) Act 2025 (Commencement No.3) Regulations 2026. This blog highlights certain ancillary procedural changes to Scotland’s letting agent register.

From 1 April 2026, the following changes to registration and oversight of letting agents take effect:

Applications for Registration

There is a widening of the net of individuals who must be assessed for registration under the fit and proper person test such that  any person who own 25% or more of the of partnership, company, or body will now be assessed even if they are not a director or partner as well as any other individual directly concerned in the control or governance of the letting agent work.  The practical effect is to ensure both owners and key operational staff can be assessed when deciding whether an applicant should be entered on the register. 

Duty to Inform of Change of Circumstances

Letting Agents are currently under an obligation to inform Scottish Ministers if any information provided for the purpose of registration becomes inaccurate.   Under the new provisions, this duty to inform about changes in circumstances is refined such that the duty applies to “relevant information” which is newly defined.

Revocation of Registration Where Agent No Longer Exists

Scottish Ministers have new powers to revoke a letting agent’s registration if it ceases trading or no longer exists allowing proactive updates that reflect active businesses and, reduces outdated, misleading entries.

Removal From the Register

Where a letting agent has either been refused entry on the register or been removed Scottish Ministers were required to note that fact on the register and remove after 12 months. As of 1 April 2026  the duration of notes on the register is extended to3 years, prolonging public awareness.

Conclusion

These changes form part of the wider regulatory reforms being introduced through the Housing (Scotland) Act 2025 and are aimed at strengthening oversight and transparency within Scotland’s letting agent sector.

If you are a letting agent and would like advice on how these changes may affect your registration or compliance obligations, the team at TC Young would be happy to help. Please get in touch with us to discuss your circumstances or to ensure your business is prepared ahead of the new requirements taking effect on 1 April 2026.

Lewis Marchand

Lewis Marchand

Trainee Solicitor
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