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Renting Homes (Fees etc.) (Wales) Act 2019

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3Prohibitions applying to letting agents

(1)It is an offence for a letting agent to require a prohibited payment to be made to the letting agent, or any other person—

(a)in consideration of arranging the grant, renewal or continuance of a standard occupation contract, or

(b)pursuant to a term of a standard occupation contract which purports to require the payment to be made.

(2)It is an offence for a letting agent to require a person to enter into a contract for services with the letting agent, or any other person—

(a)in consideration of arranging the grant, renewal or continuance of a standard occupation contract, or

(b)pursuant to a term of a standard occupation contract which purports to require entry into the contract for services.

(3)But subsection (2) does not apply if the contract for services concerned is a contract between a landlord and a letting agent only, in respect of lettings work or property management work to be carried out by the agent on the landlord’s behalf.

(4)It is an offence for a letting agent to require the grant of a loan to the letting agent, or any other person—

(a)in consideration of arranging the grant, renewal or continuance of a standard occupation contract, or

(b)pursuant to a term of a standard occupation contract which purports to require the loan to be made.

(5)A person guilty of an offence under this section is liable on summary conviction to a fine.

(6)The court by which a person (“the offender”) is convicted of an offence under subsection (1) may order the offender to pay the amount of the payment concerned or (in a case where part of the payment has been repaid) the outstanding amount of the payment to the person by whom it was paid.

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