PART 1REGULATION OF PRIVATE RENTED HOUSING

Prohibition of letting and management without registration and licence

11Requirement for agents to be licensed to carry out property management work

1

A person acting on behalf of the landlord of a dwelling subject to a domestic tenancy must not carry out property management work in respect of the dwelling unless the person is licensed to do so under this Part for the area in which the dwelling is located.

2

Where a dwelling was subject to a domestic tenancy, but is no longer subject to that domestic tenancy, a person acting on behalf of the landlord of the dwelling must not check the contents or condition of the dwelling, or arrange for them to be checked, for any purpose connected with that tenancy unless—

a

the person is licensed to do so under this Part for the area in which the dwelling is located,

b

the person does no other thing in respect of the dwelling falling within—

i

section 10(1), except preparing, or arranging the preparation of, any inventory or schedule of condition, or

ii

section 12(1), or

c

the activity would not, by virtue of section 12(3), be property management work.

3

A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine.

4

In proceedings against a person for an offence committed under subsection (3) it is a defence that the person has a reasonable excuse for not being licensed.