Questions and answers

Question reference: S5W-21169

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 23 January 2019
Current Status: Answered by Kevin Stewart on 30 January 2019

To ask the Scottish Government, further to the answer to question S5W-19328 by Kevin Stewart on 25 October 2018, how many applications to the Letting Agent Register have been received since the 1 October 2018 deadline; how many applications received (a) before and (b) after the deadline have been processed and approved, and how many have been rejected.

87 applications to join the Scottish Letting Agent Register have been received after 1 October 2018 deadline. Of these, 11 applications were not late as the applicant had not yet commenced carrying out letting agency work.

As at 30 January 2019, the number of applications received a) before the deadline and have now been approved is 258; and applications received b) after the deadline that have been approved is 8.

No applications have been rejected but 6 applications have been withdrawn.

Question reference: S5W-21170

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 23 January 2019
Current Status: Answered by Kevin Stewart on 30 January 2019

To ask the Scottish Government, further to the answer to question S5W-19556 by Kevin Stewart on 2 November 2018, whether it has taken any enforcement action against letting agents that have been operating without being on the Letting Agent Register, and, if so, what.

The Scottish Government has taken enforcement action against letting agents that may be operating without registration in line with our published Monitoring Compliance and Enforcement Framework for the regulation of letting agents.

Details of this framework can be found at:
https://beta.gov.scot/publications/regulation-letting-agents-monitoring-compliance-enforcement-framework/

The Scottish Government has issued 54 1st compliance letters, one 2nd compliance letter, and one notification to advise that we are considering refusal of an application.

Question reference: S5W-21171

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 23 January 2019
Current Status: Answered by Kevin Stewart on 30 January 2019

To ask the Scottish Government, further to the answer to question S5W-19556 by Kevin Stewart on 2 November 2018, whether it has taken any enforcement action against letting agents that have been accepted on the Letting Agent Register, and, if so, what.

The Scottish Government has not taken any enforcement action against a letting agent who has been accepted onto the Scottish Letting Agent Register.

Where a registered agent is identified as failing to comply with the Code of Practice for Letting Agents, or any requirement of Part 4 of the 2014 Act, we will seek to engage with the agent in line with our published Monitoring Compliance and Enforcement Framework for letting agents.

Details of this framework can be found at:
https://beta.gov.scot/publications/regulation-letting-agents-monitoring-compliance-enforcement-framework/

Question reference: S5O-02813

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 16 January 2019
Current Status: Taken in the Chamber on 24 January 2019

To ask the Scottish Government when it last met NHS Lanarkshire and what was discussed.

Question reference: S5W-20633

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 17 December 2018
Current Status: Answered by Kevin Stewart on 8 January 2019

To ask the Scottish Government which local authorities have applied to it under the Private Housing (Tenancies) (Scotland) Act 2016 to designate rent pressure zones in specific areas.

Question reference: S5F-02895

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 17 December 2018
Current Status: Taken in the Chamber on 20 December 2018

To ask the First Minister by how much councils’ core budgets will change under the draft Budget.

Question reference: S5W-20200

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 27 November 2018
Current Status: Answered by Kevin Stewart on 3 December 2018

To ask the Scottish Government what the mandatory minimum Energy Performance Certificate (EPC) level is for new home completions.

Whilst, under Scottish building regulations, an Energy Performance Certificate (EPC) is produced for each new home, a minimum EPC rating is not set as a performance target.

Instead, each new home must comply with standards which set both a maximum 'target' carbon emission rate for the dwelling and minimum performance standards for elements such as building insulation and building services, such as heating systems.

Analysis of EPC ratings for new homes completed during 2016 and 2017 indicates that 99.5% of new homes built to the 2010 or 2015 building regulations achieve an EPC (Energy Efficiency Rating) rating of 'C' or better, with over 90% having a 'B' rating.

Question reference: S5W-19568

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 24 October 2018
Current Status: Answered by Kevin Stewart on 2 November 2018

To ask the Scottish Government, further to the answer to question S5W-18127 by Kevin Stewart on 30 August 2018, whether there are plans to regulate temporary accommodation to meet a minimum EPC rating.

In May this year we set out our ambition as part of Energy Efficient Scotland that all housing will meet a minimum Energy Performance Certificate (EPC) band C by 2040 at the latest. Standards for temporary accommodation will be considered as part of the further development of the route map that will deliver that ambition. Following the recommendations of the Homelessness and Rough Sleeping Action Group we will also be consulting with the sector to set out a framework that ensures a consistent quality of temporary accommodation.

Question reference: S5W-19553

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 23 October 2018
Current Status: Answered by Kevin Stewart on 2 November 2018

To ask the Scottish Government what steps it is taking to ensure that landlords and tenants are made aware of letting agents that are on or have been accepted for the Letting Agent Register but are operating without a dedicated client account or a client money protection policy.

Question reference: S5W-19554

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 23 October 2018
Current Status: Answered by Kevin Stewart on 2 November 2018

To ask the Scottish Government what support is available to assist clients that have lost money where a letting agent with no dedicated client account and/or client money protection policy has (a) used misappropriate accounting procedures or (b) gone out of business.

The Letting Agent Code of Practice came into force on 31 January 2018. Section 8 of the Code of Practice sets out specific requirements on how client money must be handled and the insurance arrangements that must be in place. The Code of practice applies to unregistered letting agents as well as those who are registered.

Where a landlord or tenant loses money because of the actions of a letting agent, the tenant or landlord may take a case to the First-tier Tribunal. There is no fee for anyone taking a case to the Housing and Property Chamber of the First-tier Tribunal.

A tenant or landlord may apply to the Tribunal for enforcement of the Letting Agent Code of Practice where a letting agent has failed to comply with any aspect of it. An enforcement order issued by the Tribunal may require a letting agent to pay compensation for any loss suffered as a result of an agent's failure to comply.

A landlord or tenant may also apply to the Tribunal for civil proceedings in relation to various private rented sector tenancies.

Advice on the options open to letting agent clients is available from Shelter Scotland, Citizens Advice Bureau, other membership or advice organisations and solicitors.

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