The Consumer Rights Act 2015 makes it a requirement for letting agents to display their fees at their premises and on their website. Letting agents engaging in letting agency or property management work are also required to display with the list of fees whether they are a member of a client money protection scheme (if they hold clients’ money) and that they are a member of a redress scheme and the name of that scheme.
It is the responsibility of the Local Weights and Measures Authority (Trading Standards) to enforce the provisions of letting agents displaying the required information. Where the Local Weights and Measures Authority (Trading Standards) is satisfied that a letting agent has breached a duty it may impose a financial penalty up to a maximum of £5,000.
Decision type: Non-key
Decision status: Recommendations Approved
Division affected: (All Division);
Notice of proposed decision first published: 23/03/2018
Decision due: Not before 23rd Apr 2018 by Cabinet Member for Community and Regulatory Services
Reason: In order that the proposed decision can be publsihed for a minimum of 28 days, in accordance with statutory requirements
Lead member: Cabinet Member for Community and Regulatory Services
Lead director: Barbara Cooper
Contact: Steve Rock, Head - Trading Standards 03000 414137.
Consultees
The proposed decision was considered and endoresd at the meeting of the Growth, Economic Development and Communities Cabinet Committee on 7 March 2018.
Financial implications: As there is a responsibility for this Legislation to be exercised through Trading Standards, there will be additional resource implications, with staffing levels and costs, in its enforcement. However, the legislation allows for the Local Weights and Measures Authority, Trading Standards, to use the proceeds of a financial penalty for the purposes of any of its functions.
Legal implications: It is a statutory responsibility for KCC as a Local Weights and Measures Authority to set and enforce this penalty
Equalities implications: There are no equalities implications associated with the setting of financial penalty under the Consumer Rights Act 2015. Equalities implications are considered at the time that authorities are used.