Temporary Adjustments for Right to Rent Checks remain in place until 30 September 2022
COMPLIANCE UPDATE
The Home Office has announced that the changes made to Right to Rent checks as a result of the Coronavirus Act 2020 have been extended to the 30 September 2022. This allows letting agents and landlords time to adjust their processes in preparation for the introduction of Identification Document Validation Technology (IDVT).
Deferring the end date of the adjusted checks to 30 September 2022 ensures landlords have sufficient time to develop commercial relationships with identity service providers, make the necessary changes to their pre-tenancy checking processes and carry out responsible on-boarding of their chosen provider.
The decision also provides opportunity for landlords to put measures in place to enable face to face document checks if they do not wish to adopt digital checks for British and Irish citizens with a valid passport (or Irish passport card).
Improving the Disclosure of Material Information for Property Listings
Project summary and list of material information for Part A
Overview
For many years the regulation of property advertisements was controlled by the Property Misdescriptions Act 1991 (PMA). The PMA was repealed in 2013 on the basis that the Consumer Protection from Unfair Trading Regulations 20081 (CPRs) provided similar protection for consumers in their dealings with property agents. Further information on how the CPRs apply to property sales and lettings can be found in the National Trading Standards ‘Guidance on Property Sales and Lettings’ .
To support businesses in the advertising and marketing of property, the National Trading Standards Estate & Letting Agency Team established a steering group made up of various industry stakeholders – redress schemes, property portals, government, and professional bodies representing agents. The group aims to improve the provision of material information in property listings, and part of this process involves creating a framework of information disclosure to help agents, software providers and property portals to comply with the legal requirements of the CPRs.
Levelling Up the United Kingdom
Today, 2 February 2022, the Levelling Up Secretary Michael Gove unveiled the government’s flagship Levelling Up White Paper. This document sets out a plan to transform the UK by spreading opportunity and prosperity to all parts of it.
Twelve bold national levelling up missions, given status in law, will shift government focus and resources to Britain’s forgotten communities throughout 2020s
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Biggest shift of power from Whitehall to local leaders in modern times announced - every part of England to get ‘London style’ powers and mayor if they wish to
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Starting gun fired on decade-long project to level up Britain, with radical new policies announced across the board
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Domestic public investment in Research & Development to increase by at least 40% across the North, Midlands, South West, Scotland, Wales, and Northern Ireland
This paper sets out the next stages in this programme to level up the UK.
This programme has to be broad, deep and long-term. It has to be rooted in evidence demonstrating that a mix of factors is needed to transform places and boost local growth: strong innovation and a climate conducive to private sector investment, better skills, improved transport systems, greater access to culture, stronger pride in place, deeper trust, greater safety and more resilient institutions.
Court of Appeal Clarifies Formalities for Signing of s.8 Notices and Prescribed Information
Written by David Smith - Partner JMW Solicitors
Court of Appeal clarifies formalities for signing of s.8 notices and prescribed information certificates for corporate landlords
The Court of Appeal (the “CoA”) heard the second appeal of Northwood Solihull v Fearn & Ors last week. The outcome of this case has serious implications for landlords, tenants and agents in England and Wales and possibly in recognition of this, judgment was handed down today only 8 days after the hearing. JMW acted for the landlord.
The main questions before the CoA in summary were:
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What is the correct way for a deposit prescribed information certificate to be signed by a landlord who is a company?
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What is the correct way for a section 8 notice to be signed by a landlord who is a company?
The CoA also considered what the consequences are where these documents are not signed in compliance with the relevant statutory provisions.
In summary, the following cheat sheet contains the practical essence of the CoA’s decision:
i. Possession notices and prescribed information certificates may be validly signed by an authorised individual on behalf of a corporate landlord or agent.
ii. These documents may also be signed in accordance with s.44 of the Companies Act 2006.
iii. Non-compliance with i. & ii. or other relevant statutory requirements does not necessarily invalidate the document and the effect of non-compliance will depend on the specific defect and factual context.