Enforcement

5.—(1) It is the duty of every local authority in England(1) to enforce the requirements of regulations 3 and 4 in its area, subject to regulation 8(3).

(2) A breach of regulation 3 or 4 by a property agent is taken to have occurred in each local authority area in England in which—

(a)the agent has premises; or

(b)housing is situated in relation to which the property agent’s English letting agency work(2) or English property management work(3) is undertaken.

(3) A local authority in England must have regard to any guidance given by the Secretary of State about the exercise of its functions under these Regulations.

(1)

See section 135(5) of the Housing and Planning Act 2016 for the definition of local authority in England.

(2)

See section 54(5) of the Housing and Planning Act 2016 for the definition of English letting agency work.

(3)

See section 55(3) of the Housing and Planning Act 2016 for the definition of English property management work.