Financial Penalties
The Council can serve penalties under the following legislation:
- The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc.) (England) Order 2014 – Maximum penalty £5,000 for a failure to join a redress scheme as a letting agent or property managing agent. For further information, please refer to the following guidance.
- The Consumer Rights Act 2015 – Maximum penalty of £5,000 per breach for a failure to display an agent’s relevant fees, redress scheme membership and client money protection membership in an agent’s office, on their website and on any portals where they advertise. Landlord fees must be displayed / published inclusive of VAT. Following on from the tenant fee ban, it is still required that permitted tenant fees must also be displayed / published.
- The Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme Etc.) Regulations 2019 – Maximum penalty £30,000 for a failure to be a member of a client money protection scheme. Maximum £5,000 penalty for a failure to publish a copy of the agent’s CMP certificate in an agent’s office, on their website or a failure to provide a copy to anyone who requests it. The three deposit schemes are NOT client money protection schemes. For further information please refer to the following guidance
- The Tenant Fees Act 2019 – Maximum penalty of £5,000 for an initial breach for charging prohibited tenant fees. If an agent breaches the legislation a second time, the maximum penalty is £30,000 or prosecution. View further guidance.