In Scotland, letting agents must join the Scottish Government's Register of Letting Agents, for which they must pass a ‘fit and proper person test’. In most circumstances, it is an offence for letting agents to work if they're not on the Register.
Letting agents must also comply with the Letting Agent Code of Practice which, amongst other things, sets out rules relating to standards of practice, management and maintenance, communications, and resolving complaints.
Letting agents may also be required to comply with other codes of practice if they are registered with other voluntary or industry bodies.
Under the Letting Agent Code of Practice, letting agents in Scotland must comply with all relevant legislation when carrying out their business. They must also not discriminate against a landlord, tenant, or prospective tenant on the basis of protected characteristics (race, sex or disability).
If you believe that a letting agent is not complying with the Code of Practice, complain to them in writing using the First-Tier Tribunal (Housing and Property Chamber) template complaint letter. Your complaint must be dealt with according to the letting agent’s complaints procedure.
If the complaint sent to the agent does not resolve the issue, you can complain directly to the First-Tier Tribunal (Housing and Property Chamber) using Form J, setting out what you want the letting agent to do. Note that the Tribunal may dismiss your application if you have not tried to resolve the matter by complaining to the letting agency first.
For more information about the Tribunal, read First-tier Tribunal for Scotland (Housing and Property Chamber) and costs or Ask a lawyer.