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.