Legislation / Legal
SC: Following a 3 month period of training & implementation the definitive guideline on dangerous dog offences came into effect on 20 August 2012. .
MoJ: Good news for consumers who deal with Claims Management Companies (CMCs) as plans unveiled last week will mean any CMC that provides a poor service could be forced to pay compensation or provide another form of redress.
Thousands of consumers who have been let down by a small number of CMCs currently take their complaints to the Regulator. To better support the consumer, the Government has announced that from 2013 the Legal Ombudsman will handle claims management complaints. The Ombudsman has the legal power to ensure consumers can get compensation where appropriate.
A consultation (closes on 3 October 2012) which looks at strengthening the rules on CMCs is currently open and the MoJ invite anyone with an interest to have their say. The Information Commissioner’s Office (ICO) has further information on unsolicited marketing calls and SMS texts.
ScotGov: Housing Minister Keith Brown recently confirmed that letting agents should not be charging a range of upfront fees to private tenants. Currently, under the Rent (Scotland Act) 1984, landlords and their agents can legally charge rent and a deposit only when granting a tenancy.
However, current legislation has not been explicit enough about additional charges such as reference checks, credit checks and inventory fees. The law will now be clarified so that all tenant charges, other than rent and a refundable deposit, will be deemed illegal.
MoJ: Homeowners are to receive better protection as squatting in residential buildings becomes a criminal offence for the first time in England & Wales from 1 September 2012, Justice Minister Crispin Blunt said. The offence will be punishable by a maximum prison term of up to 6 months, a £5000 (maximum) fine or both.
The new offence will protect homeowners or legitimate tenants who have been excluded from their homes. It will also protect those who own residential buildings that they don't live in, such as landlords, local authorities or second home owners. Previously, their only option was to seek a civil court order to regain possession of their properties, which could be time consuming, expensive and stressful.
