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A

BILL

TO

Establish a mandatory national register of private landlords; to introduce
regulation of private sector letting agents and managing agents; to establish a
body to administer the national register and to monitor compliance with
regulations applying to letting agents and managing agents; to require all
tenancy agreements entered into with private landlords to take the form of
written agreements; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Mandatory national register of private landlords

(1) There shall be established a mandatory national register of private sector
residential landlords (“the Register).

(2) A duty shall be placed on all private sector residential landlords to sign up to
5the Register, and to pay an annual registration fee and provide all the
information prescribed in regulations by the Secretary of State as required in
the Register.

(3) Private sector residential landlords who—

(a) do not sign up to the Register, or

(b) 10falsify information or provide incorrect information in the Register,

will be liable to the penalties specified in section 9.

(4) There shall be established a body to administer the Register as prescribed in
regulations by the Secretary of State and to monitor compliance with
regulations applying to letting agents and managing agents.

2 15Regulation of private sector letting agents and managing agents

In section 1 of the Estate Agents Act 1979 (estate agency work), leave out “to
which this Act applies” and insert “and in subsection (1A) below to which this
Act applies.

(1A) This Act also applies, subject to subsections (2) to (4) below, to—

Private Landlords and Letting and Managing Agents (Regulation) BillPage 2

(a) things done by any person in the course of a business (including
a business in which he is employed) pursuant to instructions
received from another person (in this section referred to as “the
client”) who wishes to let or have the letting of an interest in
5land managed (for example, the collection of rents on his
behalf)—

(i) for the purpose of, or with a view to, effecting the
introduction to the client of a third person who wishes
to let an interest in land; or

(ii) 10after such introduction has been effected in the course of
that business, for the purpose of securing the letting of
the interest in land; or

(iii) for the purpose of, or with a view to, managing the
letting of the interest in land on behalf of the client; or

(iv) 15for the purpose of, or with a view to, block management
of interests in land; and

(b) management activities undertaken by any person in the course
of a business (including a business in which he is employed) in
connection with land or interests in land.

3 20Transparency of fees of private sector letting agents and managing agents

(1) There shall be a requirement for letting and management agents to provide
information on fees in a standardised and comparable format in all material for
both prospective tenants and landlords. Landlord and tenant fees should be
displayed alongside each other together with the purpose of each charge.

(2) 25In subsection (1) “in all material” includes on the agent’s website, within
property search website adverts alongside the rental asking price and in all
paperwork.

4 Requirement for written tenancy agreements

It shall be a requirement for all persons newly entering into or renewing a
30private sector residential tenancy, be it undertaken directly or through a third
party, to do so in the form of a written tenancy agreement between tenant and
landlord.

5 Designation of selective licensing schemes

In section 80 of the Housing Act 2004 (designation of selective licensing
35areas)—

(a) leave out subsection (3)(a) and substitute “that where selective
licensing would improve the local environment through improved
property management and provide significantly more good quality
properties that are professionally managed for those privately renting,
40and”;

(b) leave out subsection (6)(a) and substitute “that where selective
licensing would reduce anti-social behaviour in that area;”.

6 Consultation

(1) Before making regulations under section 1, the Secretary of State must
45undertake a process of open consultation.

Private Landlords and Letting and Managing Agents (Regulation) BillPage 3

(2) Any open consultation under section 6(1) must seek the views of—

(a) all major stakeholders, and

(b) the relevant select committee of the House of Commons.

7 Financial provisions

5There is to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by the Secretary of
State, and

(b) any increase attributable to this Act in the sums payable under any other Act
out of money so provided.

8 10Orders and regulations

(1) Any power to make an order or regulations under this Act is exercisable by
statutory instrument.

(2) A statutory instrument containing an order may not be made unless a draft of
the instrument has been laid before and approved by a resolution of each
15House of Parliament.

9 Offences

A person guilty of an offence under section 1 is liable on summary conviction,
to a fine not exceeding level 3 on the standard scale.

10 Interpretation

20In this Act—

11 Short title, commencement and extent

(1) This Act may be cited as the Private Landlords and Letting and Managing
30Agents (Regulation) Act 2013.

(2) The Act shall come into force three months after the day on which it is passed.

(3) This Act extends to England only.

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