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Quarterly legal and compliance updates for letting agents

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Property Rent: £N/A


NEW SPECIAL OFFER REDUCED

5 Albemarle Rd, Beckenham, Greater London, Beckenham

Offer Type
Offered
Property Type
Flat
No of Bedrooms
Studio
Building Type
Unspecified
Listing Type
Private
Short Term
Unspecified
Bills Included
Yes
Furnished
Furnished
Parking
Unspecified
Garden
Unspecified
Patio
Unspecified
Balcony / Terrace
Unspecified
Broadband
Unspecified

On 28 April 2021, Fixflo ran the first in a series of quarterly legal update webinars with David Smith, Partner at JMW Solicitors, to update agents and answer questions on the latest changes to guidance and legislation affecting the private rented sector.

With over 800 property professionals in attendance, the Q&A section was flooded with over 140 questions from agents wanting to hear David’s expertise. Here is just some of what was discussed.

Signing deposit prescribed information as an agent

In a recent case, the court ruled that a prescribed information certificate for a tenancy deposit protection scheme was invalid because it had not been signed in accordance with the Companies Act 2006.

Agents and landlords will need to be extra careful in the future when signing as a corporate entity. Those who sign prescribed information incorrectly could risk a penalty of up to three times the deposit.

To be safe, David suggested that agents insert a clause into their terms of business that allow for any employee of the agency to sign on the landlord’s behalf. This case is under appeal to the Court of Appeal.

Electronic signatures

The law has a broader view of what counts as an electronic signature than most would think; this even includes replying to an email and confirming you have read it and agree to its terms.

David recommended digital signing programs for increased security as these often have two-factor authentication as an option, which involves the signee confirming they are who they say they are by providing an additional piece of information such as a verification code sent to their mobile phone. Although these features do need to be turned on and without them, digital signing software has limited security benefits over ordinary email.


Property Details

Advert Ref: #2975656
Posted: 25 Mar '22
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