Millbank Flipbook 2017 (1)

We are members of the National Federation of Property Professionals

(NFOPP) incorporating The National Association of Estate Agents

(NAEA Property Mark) and The Association of Residential Letting

Agents (ARLA Property Mark) and are regulated by The Property

Ombudsman (TPO), thus ensuring we are always kept up to date with

the ever changing legislation.

In 2013 Millbank Letting Agents became a licensed ARLA agent

(Association of Residential Letting Agents), membership is only achieved

by agents who demonstrate that they have a thorough knowledge

of their profession and that they conduct their business according to

current best management practice.

By using a Millbank Letting Agents a Licensed ARLA agent, you are

guaranteed:

∙ That the agency is covered by our Client Money Protection (CMP)

Scheme.

ARLA have the ability to make discretionary grants if you

suffer financial loss due to the bankruptcy or dishonesty of the

member or their firm.

∙ That the agency has Professional Indemnity Insurance.

This ensures

you are financially covered for successful claims relating to members’

negligence, bad advice or mishandling of data.

∙ To be consulting with a qualified and trained agent who can give

you professional up-to-date advice and guidance.

All our members

are required to carry out Continuous Professional Development (CPD)

each year.

∙ That you are dealing with an agent who voluntarily follows the Code

of Practice and Rules of Conduct laid down by their professional

body.

If an agent does not follow the code, they can be fined or in

the worst cases expelled from membership of ARLA.

∙ That you have a route to redress should something go wrong.

It is a

mandatory requirement that all our members belong to an

independent redress scheme, the choice being either the

Ombudsman

Services: Property or the Property Ombudsman Service.

This gives

you, the consumer, an added level of protection.

Maintaining our knowledge and understanding of legislation is

imperative in this industry to ensure that both our landlords and tenants

are kept fully up to date with their rights and regulations. This means we

can consistently offer them the best advice throughout the letting process

and thus protecting them to the best of our ability.

Many agents neglect to advise their landlords of imperative information

particularly relating to current safety legislation.

For example: It is a common misconception to many landlords that

Portable Appliance Testing and Electrical Installation Testing is not a

legal requirement. But in fact, if any tenants are harmed as a result

of not being tested or checked via the proper channels then they will

become liable.

Landlords are legally required to show a duty of care to their tenants

and by not having current and valid safety certificates on file, landlords

are breaking the law. We advise all our client landlords of all the

current and new legal requirements and even those areas that are not

law, but may have impact on the landlord.

New legislation has taken place since 2015 with some having quite

serious consequences if you do not comply.

Smoke Alarm and Carbon Monoxide Detectors

The main one being the implementation on 1st October 2015 that smoke

alarms must be on each storey of the premises of a rented property and

be in fully working order on the day of the tenancy beginning. Also if

there is any solid fuel burning appliance within a rental property then a

carbon monoxide detector must be installed. We will regularly check

the smoke alarms are working at all times and inform the landlord if

they are defected in any way so that the landlord is fully compliant at

all times.

Legionnaire’s Disease Risk Assessment

Legionnaire’s disease is a potentially fatal form of pneumonia caused

by the inhalation of small droplets of contaminated water containing

legionella.

Landlords have a legal responsibility to ensure the health and safety

of the tenant and therefore we highly recommend a risk assessment is

undetaken on any property you rent out and then have this reviewed

on a regualr basis. This assessment lasts 2 years and will need to be

updated accordingly.

Right To Rent Checks

Letting Agents need to carry out quick and simple checks on behalf

of the landlords to make sure all adult tenants have the right to rent

property in the country.

A lettings agent or landlord will only have committed an offence if they

knowingly or with reasonable cause to believe, let residential property

to disqualified persons. This can include repeated or large scale

offenses of letting to illegal migrants.

How To Rent Booklet (February 2018)

Before tenants can begin a new tenancy then they must understand their

responsibilities and important rights. The How To Rent booklet must be

given to the tenants which highlights the process of renting a property

and how to get help if things go wrong. This is a legal requirement from

the Department for Communities and Local Government.

General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) comes into force on

the 25

May 2018. It will replace the existing Data Protection Acts

and creates a new regime for handling individual’s personal data. This

will be supplemented in the UK by a new Data Protection Act which is

passing through Parliament which should be in force before May.

A key element of the GDPR is being very clear with people where their

data is going and what is being done with it. This includes specifying

precisely what third part organisations and countries the data is being

sent to and what they will do with it. For letting agents this will mean

a much tighter relationship with referencing agents for example who

process personal data at the direction of the agents to make decisions

about tenancies.

We as the managing agent will continue to check that all new legislation

is implemented and that the landlord is aware and remains fully

compliant during the tenancy.