Custodian Musings

The Immigration Bill…

So… Maybe you heard about the Immigration Bill which will was given Royal Assent on 14th May 2014 and comes into effect in October 2014. Basically, this will require agents and landlords to ensure all tenants have the ‘Right to Rent’ and are legally entitled to reside in the country. […]

It may be your data but its your customer’s privacy!

So there is this thing called the Data Protection Act 1998. This basically means that if you are a business holding information on individuals then the Act applies to you.  The act safeguards the individuals whose information you have. Breaches could be criminal as well as civil. It is worth […]

Tips to avoid falling foul of the CPRs

Some very basic guidelines for agents wanting to reduce the risk of falling foul of the CPRs include: Remember that a material action/omission is likely to be anything that could cause an ‘average consumer’ to take a transactional decision he would otherwise not have made if he had full disclosure […]

Example cases

We have some early indications on how the CPRs are being interpreted. EXAMPLE 1 Last year the Property Ombudsman ruled against a number of letting agents in cases of misleading omissions and actions. One such case involved tenants who were only informed of their landlord’s intention to use a shed […]


The new CPRs apply to both letting agents as well as estate agents. The Act appears to expand an agent’s responsibility to disclose ‘material information’ to potential tenants that you might reasonably expect to influence whether they proceed with the transaction. Providing false information has always been illegal but under CPRs […]

Once, twice, three times a reduction…

So this is what we are talking about? If you can answer yes to all these questions then you could qualify for a discount of up to 20% on your professional indemnity insurance. 1. Are you a provider of services of some sort? 2. Have you been trading for 3 or more years? […]

You’re not the problem…but your clients might be!!

Picture this. You’ve worked hard for your client, you’ve done everything right.  You’ve done your job well. However…..your client has run out of money and doesn’t want to pay your invoice.  The client then creates a long list of grievances which appear to have come from nowhere! What do you […]

What if……?

Was asked a question a few weeks ago by a consultant. A question I was recently asked: “What if I make a mistake and I get sued by a company?”  “Are you a limited company?” I asked.  “No” they responded. I then explained that, potentially, they have put their personal […]

Don’t be a twit..

Every now and again you’ll read a tweet written by a twit! How do you know?  Well here are some signs: 1.  They have got their facts wrong 2. They have disparaged a third party 3. They have not thought before they tweet Easily done.  Social media is a very […]

Don’t be punished for an innocent mistake…

When buying your professional indemnity insurance you generally have to answer some questions. There is an expectation from you to disclose all ‘material facts’ to insurers. So what is a material fact? A material fact is a piece of information that would have changed your insurance quote had the insurer […]

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