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LEGAL UPDATE

LEGAL UPDATE. ROYAL YORK HOTEL 1 st May 2014. PRESENTED BY ROBERT BOLWELL. ODD ONE OUT. Eric Pickles MP. Mark Prisk MP. Kris Hopkins MP. Paul Flowers. ALL CHANGE FOR THE REGULATORS. OFT/RIP Abolished on 31 March 2014 Competition and Markets Authority (CMA) HM Revenue & Customs

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LEGAL UPDATE

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  1. LEGAL UPDATE ROYAL YORK HOTEL1st May 2014 PRESENTED BY ROBERT BOLWELL

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

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

  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 • identify customers and beneficial interests • sources of finance • unusual requests e.g. multiple buyers/sellers of a single property • non face to face clients National Crime Agency – 020 7238 8282

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

  13. SPENCER v TAYLOR • AST 6 months from 6th February 2006 • Periodic after 5th 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. 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. 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. 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. QUESTIONS?

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