Legislation questionnaire Flashcards
What is included in the Data Protection Act 2018?
The data protection act is the UK’s implementation of GDPR General Data Protection Regulation.
Data must be used fairly, lawfully and transparently and only for specified explicit purposes.
GDPR applies to all businesses. Data protection only applies to businesses in the EU.
Fines for breaching data protection are 4% of global turnover or £17.5m, whichever is the greater.
What does the Health & Safety at Work Act 1974 state?
Employers must protect the ‘health, safety and welfare’ at work of all their employees, as well as others on their premises, including temps, casual workers, the self-employed, clients, visitors and the general public.
Adequate training for staff
A safe working environment
Provision of the necessary PPE for conducting work.
What does IFRS 16 demand?
This requires tenants to recognise leases within their financial accounts unless the lease term is 12 months or less within their financial accounts or if the leased item is of low value.
What does the Equality Act 2010 set out?
9 protected Characteristics:
Age, Gender, Sexual orientation, Disability, Religion, Race, Pregnancy, marriage, Gender reassignment.
Royal Bank of Scotland Group plc v Allen 2009. In this case, a disabled user was unable to access his local bank, as it had a stepped entrance. RBS did not make reasonable adjustments and suggested the user visited another branch instead. This did not constitute a reasonable adjustment and RBS was ordered to install a platform lift and pay Mr Allen £6,500.
What is the Climate Change Act 2019?
The Climate Change Act commits the UK government by law to reducing greenhouse gas emissions by at least 100% of 1990 levels (net zero) by 2050.
What are the implications of MEES 2015?
MEES require a minimum energy efficiency standard (MEES) to be met before properties in England and Wales can be let in certain circumstances.
A Landlord cannot let or continue to let a non-domestic property unless it achieves EPC E or better (unless exempt).
What is included within the Misrepresentation Act 1967
To comply, You must include a disclaimer on the marketing particulars, stating that they have been produced in good faith and believed to be correct.
The act governs the scenario where misrepresentation occurs prior to a contractual agreement.
A misrepresentation is considered to be a false statement of facts that encourages an individual to enter into an agreement on the basis of that false statement.
The aim of the Act: to provide a greater amount of security to parties that enter into a contractual agreement, to ensure that they are not tied to an agreement, or suffer loss, as a result of a misrepresentation.
Where misrepresentation has occurred, the suffering party has the ability to rescind the contract.
What does section 18 of the Estate Agency Act 1979 state?
Section 18: Information to clients of prospective liabilities.
E.g. Details of when the client becomes liable to pay remuneration for the agent’s work.
The amount that is to be paid or if that is not yet known, details on the manner in which it is to be owed.
Details on any other payments owed to the agent that do not form part of the remuneration for carrying out the instruction. and the particulars of this if not known from the outset.
What is stated in section 21 of the Estate Agents Act
Section 21: Transactions in which an Estate Agent has a personal interest and what interests the agent must declare
What does the Consumer protection for unfair trading regulations 2008 state?
These relate to business to consumer (buyers and vendors) but a duty is also owed to clients, potential clients, viewers, purchasers and the need to provide accurate and necessary information and make no misdescriptions in the material.
Applies to both lettings and sales.
Policed by the trading standards office of the local authority.
It is a CRIMINAL OFFENCE to breach these regulations - Punishable by unlimited fines, prison for up to 2 years and prohibition orders.
Payment of up to £25,000 can be payable to the complainant
What are the repercussions of breaching the Estate Agents Act 1979?
Warning order
Prohibition order
Negative licensing
Fine
What are the repercussions of breaching the Misrepresentation Act 1967?
Potential to be sued for financial damages and/or the contract rescinded
Misrepresentation can be fraudulent, negligent or innocent.
What is the case relating to Misrepresentation?
Hedley Byrne Vs Heller & Partners:
Refers to the test of reasonableness
The case created three tests to decide on an agent’s liability for negligent statements
- Foreseeability
- Proximity
- Fairness
CDM regulations 2015
Construction (design & management) aims to improve health and safety in the industry.
