Letting agent code of practice
The letting agent code of practice sets out the standards expected of letting agents operating in Scotland.
Communications and resolving complaints
107. You must take all reasonable steps to ensure your letting agent registration number is included in all relevant documents and communications in line with your legal requirements under the 2014 Act.
108. You must respond to enquiries and complaints within reasonable timescales. Overall, your aim should be to deal with enquiries and complaints as quickly and fully as possible and to keep those making them informed if you need more time to respond.
109. You must provide landlords and tenants with your contact details including a current telephone number.
110. You must make landlords and tenants aware of the Code and give them a copy on request, electronically if you prefer.
111. You must not communicate with landlords or tenants in any way that is abusive, intimidating, or threatening.
112. You must have a clear written complaints procedure that states how to complain to your business and, as a minimum, make it available on request. It must include the series of steps that a complaint may go through, with reasonable timescales linked to those set out in your agreed terms of business.
113. The procedure must also set out how you will handle complaints against contractors and third parties; any recourse to the complaints procedures of a professional or membership body you belong to; whether you provide access to alternative dispute resolution services; if you are also subject to another regulatory body (for example the Scottish Legal Complaints Commission); and that a landlord or tenant (including former landlord or tenant) may apply to the Tribunal if they remain dissatisfied once your complaints process has been exhausted, or if you do not process the complaint within a reasonable timescale through your complaints handling procedure.
114. You must not charge for handling a complaint.
115. You must retain (in electronic or paper form) all correspondence about a landlord's or tenant's complaint for five years as the Tribunal may need this information.
116. You must comply with any Tribunal request to provide information about an application made to it from a landlord or tenant.
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