Property Services (Regulation) Act 2011

PART 4

General Obligations of Licensees

43.

Letter of engagement.

43.— (1) A licensee shall, not later than 7 working days after the day on which the licensee starts to provide a property service to a person, or has reached an agreement with the person to provide a property service to him or her, whichever is the earlier, provide to that person, in respect of such property service, a letter of engagement (including a copy thereof) in the specified form—

( a) containing such information as is required to be contained in it by virtue of Schedule 2 , and

( b) signed by the licensee.

(2) Where—

( a) a licensee has provided a person with a letter of engagement and a copy thereof in compliance with subsection (1), and

( b) the licensee is not provided with such copy, signed by the person, within the 7 working days immediately following the expiration of the 7 working days concerned referred to in subsection (1),

the licensee shall cease to provide, or shall not start to provide, as the case may be, to that person the property service the subject of the letter and that letter shall thereupon cease to have any force and effect.

(3) Where a property services agreement has been entered into by a licensee but subsequently the licensee and the other party thereto have agreed to make an amendment to the agreement (including any agreement as previously amended under this subsection), the licensee shall, not later than 7 working days after the amendment has been so agreed, provide to that party such amendment (including a copy thereof) in the specified form—

( a) containing such information as is required to be contained in the amendment by virtue of Schedule 2 in so far as that Schedule relates to the subject matter of the amendment, and

( b) signed by the licensee.

(4) Subsection (2) and the definition of “property services agreement” in section 2(1) shall, with all necessary modifications, apply to—

( a) an amendment to a property services agreement,

( b) the renewal of a property services agreement, or

( c) the re-engagement of the licensee concerned following the expiration or other termination of a property services agreement,

as they apply to a letter of engagement.