1. LEGAL UPDATE PRESENTED BY ROBERT BOLWELL ROYAL YORK HOTEL 1 st May 2014

2. 2 ODD ONE OUT Mark Prisk MP Eric Pickles MP Kris Hopkins MP Paul Flowers

3. 3 ALL CHANGE FOR THE REGULATORS OFT/RIP Abolished on 31 March 2014 Competition and Markets Authority (CMA) HM Revenue & Customs Powys County Council

4. 4 WHO DOES WHAT Competition and Markets Authority Mergers and acquisitions Guidance on codes of conduct and unfair contract terms Consumer protection from unfair trading Competition issues (e.g. cartels)

5. 5 Mission Statement “Our mission is to make markets work well in the interest of consumers, businesses and the economy, and our overall ambition is consistently to be among the leading competition and consumer agencies in the world” Budget of £50 million p.a

6. 6 WHO DOES WHAT ? HM Revenue And Customs Money laundering –proceeds of Crime Act 2002 –terrorism Act 2000 –money Laundering Regulations 2007 Registration Core obligations i)identify & manage risk of possible exploitation ii)nominated reporting officer iii)commit resources

7. 7 Actions needed i) risk assessment ii) policy statement on how that risk is managed iii) train staff iv) regular review v) keep records for 5 years In practice i)identify customers and beneficial interests ii)sources of finance iii)unusual requests e.g. multiple buyers/sellers of a single property iv)non face to face clients National Crime Agency – 020 7238 8282

8. 8 WHO DOES WHAT? Powys County Council Public register of Estate Agents Banning orders if not “fit and proper” National Trading Standards Estate Agents Team £170,000 annual budget i) three new staff ii) £20 million in cuts for the County

9. 9 SUPERSTRIKE LTD v RODGRIGUES Tenancy a year less a day starts 8.1.2007 Non registration of deposit Statutory periodic tenancy – S.5 Housing Act 1988 S.21 Notice Grounds of Appeal

10. 10 THE LEGAL ARGUMENT Did the “roll over” constitute a new tenancy? If so, had the deposit been “received” at the start of the new tenancy? N and D (London) ltd-v-Gadson 1991 S.5 Housing Act 1988 S.212(5) Housing Act 2004 Legal obligations at end of tenancy

11. 11 CURRENT ISSUES Change in tenancy Comply with initial scheme requirements Serve prescribed information Is registration still valid? -DPS -TDS -My deposits 30 days “from change” Rolling contractual term

12. 12 LET ONLY LANDLORDS Who receives deposit when tenancy goes periodic? –TDS –My deposits –DPS Contact “let only” landlords Change terms of business

13. 13 SPENCER v TAYLOR AST 6 months from 6 th February 2006 Periodic after 5 th August 2006 Rent paid weekly on a Monday Notice under S.21 (4) (a) to expire on a Saturday Saving clause – see Lower St. Properties v Jones Confusion?

14. 14 S.21 (1) (b) NOTICES 2 months to expire any time after the fixed term ends “MAY be given before or on the day on which the tenancy comes to an end” May = permissive NOT proscriptive Fernandez v MacDonald (2003) S.21 (4) (a) notice if tenancy periodic from the start?

15. 15 IMMIGRATION BILL Applies to tenants in residential property used as main or sole residence (i.e. AST’s) Exempt nationals: -UK -EEA (i.e. EU plus Iceland Liechtenstein and Norway) -Switzerland (?) “Right to Rent” at start of let £3000 penalty per individual

16. 16 Defence –Good forgeries –Agent agreed that landlord would do checks Be prepared –Check status of all tenants –Let landlords know –Informant status Support –Telephone enquiry line –Website –Credit reference agencies Start date?

17. 17 QUESTIONS?