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PART 4Letting agents

Offences where no registration

44Offence of operating as a letting agent without registration

(1)It is an offence for a person who is not a registered letting agent to carry out letting agency work, unless subsection (2) applies to that person.

(2)This subsection applies to a person from the day on which the person is removed from the register under section 39 until—

(a)where the period mentioned in section 41(2) expires without an appeal being made, the expiry of that period,

(b)where such an appeal is made, the day on which it is finally determined or abandoned.

(3)It is a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse for acting in the way charged.

(4)A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 6 months, to a fine not exceeding £50,000, or to both.

45Offence of using a registration number where no registration

(1)It is an offence for a person who is not entered in the register, without reasonable excuse, to use a number purporting to be a letting agent registration number in any document or communication.

(2)Subsection (1) does not apply to a person who is removed from the register under section 39 until—

(a)where the period mentioned in section 41(2) expires without an appeal being made, the expiry of that period,

(b)where such an appeal is made, the day on which it is finally determined or abandoned.

(3)A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.