Key Legislation Flashcards
Provide a summary of the Data Protection Act.
Data Protection Act 2018 updated the 1988 act in accordance with GDPR.
- Prevents the holding of inaccurate data on individuals
- Provides individuals with the rights to check information held about them
- Can request to destroy
- Control over its handling
- Emphasis on businesses handing data safely securely
- Right for it not be misused
What are the key rights under the Data Protection Act 2018?
- Receive clear info regarding what the data is used for
- Access own data
- Request to be revised
- Request to erase
- Prevent processing
- Query automated processing
Requests must be responded to within a month
When did the Tenancy Fees Act come into force?
The Tenancy Fees Act 2019 came into force from 1 June 2019
To what tenancies does the Tenancy Fees Act apply?
ASTs, student accommodation tenancies and licences in the PRS.
Only in England
What fees are permissible under the Tenancy Fees Act 2019?
- Refundable holding deposit (1 week’s rent)
- Tenancy deposit (5 weeks - £50k; 6 weeks - £100k)
- Changes to agreement (£50 cap)
- Early termination fees
- Default fees (max 3% above base)
What fees are banned under the Tenancy Fees Act 2019?
- Viewing
- Referencing
- Administration charges
- Guarantor fees
- Inventories (check in and out)
- Right to Rent checks
- Pet fees/deposits
- Renewal fees
- Cleaning (only as a breach of contract)
What are the penalties for breaching the Tenancy Fees Act?
Civil offences - £5,000 per fee
Further offences within 5 years become criminal offences
Criminal offences - unlimited fine
Cannot evict tenants until fees are repaid
What are Right to Rent checks?
Under the Immigration Act 2014, private landlord must check the rights of prospective tenants to be in the UK to avoid a penalty from 1 February 2016
What are the penalties for non-compliance with Right to Rent checks?
Up to £3,000 per tenant
Who needs to be checked for their right to rent?
All tenants of private landlords, not just those from overseas.
Must be using the property as their main home and over 18.
Doesn’t include LAs, RPs, asylum seekers, holiday lets, halls of residences
Doesn’t include fixed-term tenancies for 7 years or more with no break
What are the different types of “rights to rent”
Unlimited right to rent
Time-limited right to rent
No right to rent
Who has an unlimited right to rent?
Under the Immigration Act 2014,
- British and Irish citizens
- Commonwealth citizens with rights of abode in the UK
- Those with Indefinite Leave to Remain
Who has a time-limited right to rent?
- Those who have leave to remain in the UK for a limited period, e.g. student / work or family visa
- Those granted time-limited rights to rent by the Home Office
What does a landlord have to do under the Right to Rent checks?
- Request original copies of the acceptable documents
- Check the documents in the presence of the holder
- Make clear copies and retain on file
What documents are acceptable to establish unlimited rights for Right to Rent checks?
Either a passport showing the holder is allowed to stay indefinitely in the UK
OR
A birth certificate and letter from a government department / local authority / etc
