Decision details

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.

As Cabinet Member for Community and Regulatory Services I agree:

- to the use of financial penalties for letting agents who fail to comply with the requirements of the Consumer Rights Act 2015;

- to set the financial penalty level at the Statutory Maximum of £5,000 for letting agents who fail to comply with the requirements of the Consumer Rights Act 2015 (to be reviewed annually);

- to delegate authority to the Head of Trading Standards to determine any reduction in the financial penalty if they are satisfied that there are extenuating circumstances (each case to be considered on its own merits and in accordance with the Enforcement Policy); and

- to delegate authority to the Head of Trading Standards to review and decide the level of future financial penalties attributable to the Consumer Rights Act 2015 (as amended) in consultation with the Cabinet Member as required.  The monetary level of financial penalties attributable to the Consumer Rights Act 2015 (as amended) will be reviewed annually as shown at Appendix A.