PART 4Letting agents

Offences where no registration

44Offence of operating as a letting agent without registration

1

It is an offence for a person who is not a registered letting agent to carry out letting agency work, unless subsection (2) applies to that person.

2

This subsection applies to a person from the day on which the person is removed from the register under section 39 until—

a

where the period mentioned in section 41(2) expires without an appeal being made, the expiry of that period,

b

where such an appeal is made, the day on which it is finally determined or abandoned.

3

It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse for acting in the way charged.

4

A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding £50,000, or to both.

45Offence of using a registration number where no registration

1

It is an offence for a person who is not entered in the register, without reasonable excuse, to use a number purporting to be a letting agent registration number in any document or communication.

2

Subsection (1) does not apply to a person who is removed from the register under section 39 until—

a

where the period mentioned in section 41(2) expires without an appeal being made, the expiry of that period,

b

where such an appeal is made, the day on which it is finally determined or abandoned.

3

A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.