Property Services (Regulation) Act 2011

35.

Renewal of licence.

35.— (1) A licence, unless it has been revoked, may, subject to subsection (4) and sections 32 and 33 , be renewed by the Authority.

(2) An application for the renewal of a licence shall be—

( a) in the specified form,

( b) made at least 6 weeks before the expiration of the licence, and

( c) accompanied by the appropriate fee.

(3) Subject to subsection (4), where an application under subsection (2) for the renewal of a licence is not determined by the Authority before the licence expires, the licence shall continue in force until the application has been so determined.

(4) Subject to subsection (6) and section 36 , the Authority shall refuse to renew a licence of a person if—

( a) subsection (2) has not been complied with in respect of the person,

( b) in the case of an application for the renewal of a licence to provide a property service as a property services employer or an independent contractor, the application is not accompanied by a report in the specified form by a duly qualified accountant that appropriate financial systems and controls are still in place for the protection of client moneys received by the applicant,

( c) the appropriate contribution to the Fund has not been paid in respect of the person,

( d) there is not available to the person the required level of professional indemnity insurance in respect of the licence,

( e) in the case of an individual (not being a partner in a partnership), the person is an undischarged bankrupt,

( f) in the case of a body corporate (not being a partner in a partnership), any principal officer of the body corporate is an undischarged bankrupt, or

( g) in the case of a partner in a partnership—

(i) any partner is under 18 years of age, or

(ii) any principal officer of the partnership is an undischarged bankrupt.

(5) Where an application under subsection (2) for the renewal of a licence does not comply with paragraph (b) of that subsection, the applicant shall, unless he or she satisfies the Authority that there were exceptional circumstances which justify why the application did not comply with that paragraph, be treated as never having held a licence, and sections 30 and 31 shall apply to the applicant accordingly.

(6) Improper conduct (including any allegation thereof) by a licensee shall be dealt with or continue to be dealt with under Part 7 or 8 and, accordingly, the renewal of the licensee’s licence under this section does not prejudice or affect—

( a) any investigation which relates to the licensee, or

( b) any legal proceedings (whether civil or criminal) or other proceedings under Part 7 or 8 or under any other provision of this Act in respect of the licence or the licensee.

(7) Where a licence is renewed under this Act, the period of validity of the licence as so renewed shall be deemed to start to run on the day that the licence would have expired if no application under subsection (2) for its renewal had been made, and irrespective of whether the licence is renewed before, on or after that day.