Primary Legislation

• UK General Data Protection Regulation (UK GDPR) - Implemented by the Data Protection Act 2018 (as amended), this sets out the fundamental principles for processing personal data in the UK.
• Data Protection Act 2018 - Provides the UK's implementation of the GDPR and sets out specific data protection rules and exemptions applicable in the UK.

Key Requirements

• Lawful processing of personal data based on a valid legal basis
• Implementation of appropriate technical and organizational measures to protect personal data
• Provision of transparent information to data subjects about the processing of their data
• Prompt reporting of data breaches to the Information Commissioner's Office (ICO) within 72 hours
• Conducting Data Protection Impact Assessments for high-risk processing activities
• Appointment of a Data Protection Officer in certain circumstances

Enforcement Authority

The Information Commissioner's Office (ICO) regulates and enforces data protection legislation in the UK.

Potential Penalties

Up to £17.5 million or 4% of annual global turnover, whichever is higher, for the most serious violations.

Primary Legislation

• The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended) - Sets out the regulatory framework for anti-money laundering in the UK.
• Proceeds of Crime Act 2002 - Contains the primary money laundering offenses in UK law.
• Terrorism Act 2000 - Contains offenses related to terrorist financing.
• Criminal Finances Act 2017 - Introduced additional powers and offenses related to money laundering and terrorist financing.

Key Requirements

• Registration with HMRC as a supervised business
• Implementation of risk-based policies, controls, and procedures
• Appointment of a nominated officer (Money Laundering Reporting Officer)
• Conducting customer due diligence before establishing a business relationship
• Enhanced due diligence for high-risk situations
• Ongoing monitoring of business relationships
• Reporting suspicious activity to the National Crime Agency
• Staff training on anti-money laundering requirements
• Record-keeping for at least five years

Enforcement Authority

HM Revenue & Customs (HMRC) for estate agents and letting agents.

Potential Penalties

Unlimited fines and up to 14 years imprisonment for the most serious money laundering offenses. Regulatory breaches can result in financial penalties and publication of censure.

Primary Legislation

• Consumer Protection from Unfair Trading Regulations 2008 (CPRs) - Prohibits unfair commercial practices including misleading actions, misleading omissions, and aggressive practices.
• Business Protection from Misleading Marketing Regulations 2008 (BPRs) - Prohibits misleading advertising to businesses.
• Consumer Rights Act 2015 - Sets out the statutory rights of consumers in relation to goods, services, and digital content.
• Estate Agents Act 1979 - Regulates the activities of estate agents in the UK.

Key Requirements

• Providing accurate property descriptions and not withholding material information
• Clear disclosure of fees and charges before a customer is committed
• Transparent handling of offers and not making misleading statements about other offers
• Declaring any personal interest in a property
• Handling client money properly
• Providing clear terms of business
• Membership of an approved redress scheme

Enforcement Authority

Trading Standards (local authorities), National Trading Standards Estate and Letting Agency Team (NTSELAT), and the Competition and Markets Authority (CMA).

Potential Penalties

Unlimited fines and up to two years imprisonment for criminal offenses under the CPRs. Prohibition from engaging in estate agency work under the Estate Agents Act.

Primary Legislation

• Consumer Protection from Unfair Trading Regulations 2008 - Requires traders not to omit material information that the average consumer needs to make an informed transactional decision.

Key Requirements

Material information is being implemented in three parts:

• Part A (Implemented): Core property information including price, council tax band/rate, tenure, and deposit amount.
• Part B (Implemented): Utilities, services, and property-specific factors that may affect a consumer's decision to view a property (e.g., building safety information, flood risk).
• Part C (Implemented): Non-property specific factors affecting the property, such as restrictive covenants, whether it's a listed building, and conservation area status.

Enforcement Authority

National Trading Standards Estate and Letting Agency Team (NTSELAT) and Trading Standards (local authorities).

Potential Penalties

Unlimited fines and up to two years imprisonment for criminal offenses under the CPRs. Civil enforcement orders can also be issued.

Primary Legislation

• UK General Data Protection Regulation (UK GDPR) - Requires appropriate technical and organizational measures to protect personal data.
• Network and Information Systems Regulations 2018 - Establishes security requirements for operators of essential services and digital service providers.
• Computer Misuse Act 1990 - Creates criminal offenses for unauthorized access to computer systems.

Key Requirements

• Implementation of appropriate technical measures to protect systems and data
• Secure handling of client data and financial information
• Regular security assessments and updates
• Staff training on cyber security awareness
• Incident response planning
• Secure configuration of hardware and software

Enforcement Authority

Information Commissioner's Office (ICO) for data protection aspects, and National Cyber Security Centre (NCSC) for guidance.

Potential Penalties

Up to £17.5 million or 4% of annual global turnover under UK GDPR for security breaches involving personal data.

Primary Legislation

• Social Housing (Regulation) Act 2023 - Contains Awaab's Law, named after Awaab Ishak, a two-year-old who died from a respiratory condition caused by prolonged exposure to mould in his home.
• Housing Act 2004 - Introduced the Housing Health and Safety Rating System (HHSRS), which includes damp and mould as a hazard.
• Homes (Fitness for Human Habitation) Act 2018 - Amended the Landlord and Tenant Act 1985 to ensure rented homes are fit for human habitation.

Key Requirements

• Landlords must investigate hazards within specified timeframes (7 days for emergency repairs, 14 days for urgent issues like damp and mould)
• Repairs must be completed within reasonable timeframes
• Properties must be free from serious hazards that pose a risk to health and safety
• Adequate heating, ventilation, and insulation to prevent damp and mould
• Prompt response to tenant reports of damp and mould

Enforcement Authority

Local housing authorities and the Regulator of Social Housing (for social housing).

Potential Penalties

Local authorities can issue improvement notices, prohibition orders, and civil penalties of up to £30,000. Tenants can also take direct legal action against landlords.

Primary Legislation

• Health and Safety at Work etc. Act 1974 - Sets out the general duties of employers and landlords to ensure health and safety.
• Control of Substances Hazardous to Health Regulations 2002 (COSHH) - Requires risk assessment for biological agents, including legionella bacteria.
• Management of Health and Safety at Work Regulations 1999 - Requires risk assessments to be undertaken.
• L8 Approved Code of Practice - Health and Safety Executive guidance on controlling legionella bacteria in water systems.

Key Requirements

• Landlords must assess the risk of exposure to legionella bacteria in their properties
• Implement measures to prevent or control the risk of legionella
• Keep records of the risk assessment and control measures
• Regular maintenance of water systems, particularly where water is stored or recirculated
• Ensure water systems are operated at appropriate temperatures (hot water above 60°C, cold water below 20°C)

Enforcement Authority

Health and Safety Executive (HSE) and local authorities.

Potential Penalties

Unlimited fines and up to two years imprisonment for serious breaches of health and safety legislation.

Primary Legislation

• Bribery Act 2010 - Creates offenses of bribing another person, being bribed, bribing a foreign public official, and failure of commercial organizations to prevent bribery.

Key Requirements

• Prohibition on offering, promising, or giving bribes
• Prohibition on requesting, agreeing to receive, or accepting bribes
• Implementation of adequate procedures to prevent bribery
• Risk assessment of potential bribery risks
• Due diligence on third parties
• Communication and training for staff
• Monitoring and review of anti-bribery procedures

Enforcement Authority

Serious Fraud Office (SFO) and Crown Prosecution Service (CPS).

Potential Penalties

Unlimited fines for organizations and up to 10 years imprisonment for individuals for bribery offenses.

Primary Legislation

• Equality Act 2010 - Prohibits discrimination, harassment, and victimization on the grounds of protected characteristics.

Key Requirements

• Prohibition on direct discrimination (treating someone less favorably because of a protected characteristic)
• Prohibition on indirect discrimination (applying a provision, criterion, or practice that disadvantages people with a protected characteristic)
• Prohibition on harassment related to protected characteristics
• Prohibition on victimization of those who make complaints of discrimination
• Duty to make reasonable adjustments for disabled people

Protected Characteristics

Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Enforcement Authority

Equality and Human Rights Commission (EHRC) and County Courts/Employment Tribunals for individual claims.

Potential Penalties

Unlimited compensation in discrimination cases, with no cap on awards.