- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 23 October 2018
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Current Status:
Answered by Kevin Stewart on 2 November 2018
To ask the Scottish Government whether it will ensure that letting agents that have registered on the Letting Agent Register without a dedicated client account arrange for the account to be in place, and what the timescale is for them to comply with this.
Answer
The Scottish Government has not approved any applications to join the Scottish Letting Agent Register where the applicant has declared that they hold or handle client money but they do not have a dedicated client bank account. The Scottish Government does not intend to approve such applications until this important requirement has been met.
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 23 October 2018
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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.
Answer
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.
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 23 October 2018
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Current Status:
Answered by Kevin Stewart on 2 November 2018
To ask the Scottish Government what action it takes to identify letting agents that are not on or have been rejected for the Letting Agent Register; what enforcement action is taken to deal with these agents, and how it ensures that existing and potential clients are made aware of them.
Answer
The Scottish Government has published a Monitoring Compliance and Enforcement Framework for the regulation of letting agents. This sets out the actions that the Scottish Government will take to monitor the compliance of those businesses undertaking letting agency work and this includes how unregistered agents will be identified and the action that we will take to support the enforcement of regulation.
Details of this framework can be found at:
https://beta.gov.scot/publications/regulation-letting-agents-monitoring-compliance-enforcement-framework/
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 23 October 2018
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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.
Answer
It is a requirement for letting agents to hold client money in one or more separate and dedicated client accounts and to have client money protection insurance. While agents can submit an application to join the Scottish Letting Agent Register without these elements in place, the Scottish Government does not intend to approve such applications until these important requirements have been met.
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 31 October 2018
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Current Status:
Taken in the Chamber on 7 November 2018
To ask the Scottish Government what its position is on permanently linking the non-domestic rates poundage to the consumer price index.
Answer
Taken in the Chamber on 7 November 2018
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 09 October 2018
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Current Status:
Answered by Kevin Stewart on 25 October 2018
To ask the Scottish Government how many applications to the Register of Letting Agents were received by the 1 October 2018 deadline, and whether all those received have been processed and approved.
Answer
775 applications to join the Scottish Letting Agent Register were received by the 1st October 2018 deadline. All applications go through a detailed scrutiny process and this takes time; it is not a 'tick box' exercise. 127 applications have been approved.
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 09 October 2018
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Current Status:
Answered by Ash Denham on 25 October 2018
To ask the Scottish Government whether it is planning to review the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and, if so, what the timetable is for this.
Answer
Programme for Government 2018-19 stated that the Scottish Government would consult this autumn on new protective orders to keep victims of domestic abuse safe by banning perpetrators from their homes and on whether changes are needed to the current system of exclusion orders. Provision on exclusion orders is contained in the Matrimonial Homes (Family Protection) (Scotland) Act 1981.
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 18 September 2018
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Current Status:
Answered by Kevin Stewart on 27 September 2018
To ask the Scottish Government for what reason it set the time limit for landlords to make mandatory electrical inspection of rental properties at five years; who it consulted on this, and what other options it considered before reaching this decision.
Answer
Section 23 of the Housing (Scotland) Act 2014 inserted section 19A of the Housing (Scotland) Act 2006, which requires private landlords to ensure that electrical safety inspections are carried out in houses that they let at intervals of no more than five years. This was a non-Government amendment included in the Act at Stage 2, and therefore was not the subject of consultation by the Scottish Government. The amendment was supported by the Scottish Government because there was a wide range of support for the measure from stakeholders in the evidence considered by the Infrastructure and Capital Investment Committee during Stage 1, and a five year period is recommended for electrical inspections in rented housing in the BS 7671 Requirements for Electrical Installations.
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 19 September 2018
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Current Status:
Taken in the Chamber on 27 September 2018
To ask the Scottish Government how many STEM apprentices there are, and how many of these are in North and South Lanarkshire.
Answer
Taken in the Chamber on 27 September 2018
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 05 September 2018
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Current Status:
Answered by Roseanna Cunningham on 12 September 2018
To ask the Scottish Government whether it will provide an update on progress towards its 90% carbon reduction target, and how it will ensure that households change their energy usage behaviour to reduce domestic carbon emissions in order to meet this target.
Answer
Scotland is making excellent progress in reducing greenhouse gas emissions. The most recent statistics show that emissions have fallen by 49% since 1990 against a current target in law of 80%.
The Scottish Government’s Climate Change Plan contains a package of transformative measures to continue reducing emissions. These include Energy Efficient Scotland, which by 2040 will have transformed our buildings so that they are warmer, greener and more efficient. Behaviour change will continue to be an important part of Energy Efficient Scotland and we continue to fund Home Energy Scotland and Resource Efficient Scotland who provide free and impartial advice to property owners on energy saving behaviours. Our Climate Challenge Fund also supports community activity on energy efficiency.