Committee
Infrastructure and Capital Investment Committee 21 May 2014
21 May 2014 · S4 · Infrastructure and Capital Investment Committee
Item of business
Housing (Scotland) Bill: Stage 2
At present, letting agents are not required to have any training before they can operate a lettings business. During stage 1, representatives of the sector argued strongly that all letting agents should have a level of training before they can be registered. I have listened to the points that were made, and I agree that training is an important element of raising standards across the sector as a whole. For that reason, amendment 60 provides that training is required as a condition of registration for letting agents. Amendment 60 confers a power on the Scottish ministers to specify, in regulations, the content and timing of the training and those persons who must undertake it. That will be done in consultation with key stakeholders. That will provide ministers with flexibility to take account of the views of the sector, to ensure that the training is fit for purpose and to change the training requirements to suit future circumstances within the sector. The power will also allow ministers to require other persons who are carrying out letting agent work, such as front-line staff, to undertake training, should that be considered necessary. 10:15 Amendment 69 will enable a letting agent to be removed from the register if the agent no longer meets the training requirements. Amendments 60 and 69 will ensure that a letting agent must demonstrate knowledge of letting agency work in order to be registered, thereby providing an important additional assurance to consumers, in addition to the fit-and-proper-person test. I move amendment 60. Amendment 60 agreed to.
In the same item of business
The Convener (Maureen Watt)
SNP
Good morning and welcome to the 15th meeting in 2014 of the Infrastructure and Capital Investment Committee. I remind everyone in the room to switch off thei...
The Convener
SNP
The first group is on access to register of letting agents. Amendment 59, in the name of Alex Johnstone, is the only amendment in the group.
Alex Johnstone (North East Scotland) (Con)
Con
The reason for my amendment is simply to ensure that those who wish to consult the register can do so without a charge being levied. Members will be aware th...
The Minister for Housing and Welfare (Margaret Burgess)
SNP
Amendment 59, as we have heard, is aimed at preventing ministers from imposing a charge for making publicly available the information that the register conta...
Alex Johnstone
Con
I thank the minister for stating clearly that access to the register will be free. That is on the public record, and I therefore seek to withdraw my amendmen...
The Convener
SNP
The next group is on exemption for solicitor letting agents. Amendment 134, in the name of Mary Fee, is the only amendment in the group.
Mary Fee (West Scotland) (Lab)
Lab
Amendment 134 concerns solicitor letting agents. Many solicitors are letting agents and have been providing services as such for many years. Solicitor lettin...
Alex Johnstone
Con
I have looked at the situation that is likely to exist under the bill’s current provisions, and there appears to be duplication in the case of solicitor lett...
Margaret Burgess
SNP
The Scottish Government is committed to improving standards across the letting agent industry. The bill’s provisions are intended to give tenants and landlor...
Mary Fee
Lab
I listened carefully to the minister. Although I accept what she said about the consultation that is to be carried out, I do not feel that I have received th...
The Convener
SNP
The question is, that amendment 134 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Fee, Mary (West Scotland) (Lab) Johnstone, Alex (North East Scotland) (Con) Kelly, James (Rutherglen) (Lab) Against Eadie...
The Convener
SNP
The result of the division is: For 3, Against 4, Abstentions 0. Amendment 134 disagreed to. Sections 27 and 28 agreed to. Section 29—Decision on application
The Convener
SNP
The next group is on registered letting agents: training requirements. Amendment 60, in the name of the minister, is grouped with amendment 69.
Margaret Burgess
SNP
At present, letting agents are not required to have any training before they can operate a lettings business. During stage 1, representatives of the sector a...
The Convener
SNP
The next group is on register of letting agents: giving of reasons for decisions. Amendment 61, in the name of Alex Johnstone, is grouped with amendment 71.
Alex Johnstone
Con
We are getting on at tremendous speed, convener. The purpose of amendments 61 and 71 is to ensure that anyone who is refused access to the register is made ...
Margaret Burgess
SNP
I thank Alex Johnstone for lodging amendments 61 and 71. Amendment 61 would require the Scottish ministers to provide a reason for their decision to refuse a...
The Convener
SNP
Do you want to wind up, Alex?
Alex Johnstone
Con
There is nothing that I can say, except thank you very much. Amendment 61 agreed to. Section 29, as amended, agreed to. After section 29
The Convener
SNP
The next group is on register of letting agents: time limit for determining application. Amendment 62, in the name of the minister, is the only amendment in ...
Margaret Burgess
SNP
Amendment 62 requires Scottish ministers to make a decision on an application for registration or renewal to the register of letting agents within 12 months ...
Mary Fee
Lab
You say that the decision should be made within 12 months but that the reality is that it will be made within a much shorter timescale. What timescale are yo...
Margaret Burgess
SNP
Every application has to be considered on its merits, and a renewal will very often be much quicker than a new application. The provision ties in with other ...
The Convener
SNP
The question is, that amendment 62 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Eadie, Jim (Edinburgh Southern) (SNP) Ingram, Adam (Carrick, Cumnock and Doon Valley) (SNP) Johnstone, Alex (North East Sco...
The Convener
SNP
The result of the division is: For 5, Against 2, Abstentions 0. Amendment 62 agreed to. Section 30—Fit and proper person considerations
The Convener
SNP
The next group is on register of letting agents: monitoring compliance. Amendment 63, in the name of the minister, is grouped with amendments 80 to 84.
Margaret Burgess
SNP
The committee’s stage 1 report identified some concerns about how the regulatory regime will tackle unregistered letting agents. During an evidence session a...
The Convener
SNP
The next group is on fit and proper person: criminal record information. Amendment 64, in the name of Alex Johnstone, is grouped with amendments 65, 66 and 66A.