Subsections (5), (6) and (7) of this section outlining the definition of lettings agency work echo the legislation laid out in section 83, subsections (7), (8) and (9) of the Enterprise and Regulatory Reform Act 2013.
Example: Marketing a property that is not registered
Letting agents will be expected to check if a landlord and property are correctly registered on the database before they market a property for let. Property agents will face penalties if they advertise or market residential properties for rent which are not registered. A newspaper or an online platform, which are not letting agents, disseminate an advert provided by another person and/or provide methods for tenants and landlords to communicate regarding a residential let that is not registered on the database. As it is unreasonable for these information providers to ascertain if a property is registered on the database, they are not penalised for disseminating information or providing communication about letting residential properties nor are they considered to be engaging in lettings agency work.
Part 2: Residential landlord Chapter 4 – Part 2: Supplementary Provision Section 99: Interpretation of Part 2 Background