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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

Find out more about parliamentary questions

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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.

Question reference: S5W-19555

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 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.

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-19556

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 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.

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/

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-19567

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 whether it ensures that all registered letting agents correctly display their registration number.

The Scottish Government writes to notify those admitted to the Scottish Letting Agent Register and in this, agents are reminded of the requirements of section 36(2) of the Housing (Scotland) Act 2014 to include their letting agent registration number in documents, property advertisements or communications in relation to their letting agency work.

The Scottish Government will monitor the compliance of registered letting agents in line with our published Monitoring Compliance and Enforcement Framework. Details of this framework can be found at:

https://beta.gov.scot/publications/regulation-letting-agents-monitoring-compliance-enforcement-framework/

Question reference: S5O-02526

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 31 October 2018
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.

Question reference: S5W-19328

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 09 October 2018
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.

Question reference: S5W-19301

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 09 October 2018
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.

Question reference: S5W-18890

Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 18 September 2018
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.

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.