What is Client Money Protect?
Client Money Protect is a Government Authorised membership scheme for lettings and property agents in the UK to protect the client money such as rents and deposits received by our Members’. If your agent has CMP membership then you can rest assure that your money is protected and the agent is compliant with the current legislation.
It is a legal requirement for letting agents to join a Client Money Protection Scheme for the benefit of their clients, typically landlords and tenants, to safeguard money they hold on their clients’ behalf. In the event that the owners of the business misappropriate any of this money the agent’s clients can contacting the Scheme and make a compensation claim against the agent. If a genuine claim is accepted by the Scheme, the Scheme will recompense the landlord and/or tenant and seek recovery from the letting agent or its owners.
How does CMP Work?
CMP is an independent membership body that provides full protection to our Members, with no individual claim limits. CMP insures its liability against the payment of any claims.
You can read the property rules and about our certification body on the following link: https://www.propertymark.co.uk/professional-standards/rules.html#obligations
What are the Legal Requirements?
The Housing and Planning Act 2016 requires all property agents in England to join a government approved client money protection scheme. This regulation came into force on 1st April 2019 and failure to belong to a scheme can result in a fine of up to £30,000.
As well as the need to belong to a scheme, The Consumer Rights Act 2015 made it a legal requirement for all letting agents to clearly display which client money protection scheme they belong to. Failure to clearly display this can result in a fine of up to £5,000.
Who is responsible for the Enforcement of Legislation?
Trading Standards have the enforcement powers to impose fines.
Memorandum of Understanding (MOU)
All Government Authorised CMP Providers are required to provide information relation to client money protecting for the purposes of enforcing the Tenant Fees Act 2019. CMP are required to inform the National Trading Standards Estate and Letting Agency Team (NTSELAT) of all agents that have not obtained CMP, have been expelled from the scheme or have cancelled or lapsed their membership.
CMP are required to provide this information under the MOU in order for the NTSELAT to utilise for the purposes of enforcement action.
Freedom of Information Requests
CMP is an individual public body and have no obligation to deal with requests under the Freedom of Information Act 2000.
What to do if my Agent misappropiates my Money
- Step 1: Report the matter to the local police authority and obtain a crime reference number.
- Step 2: Check our Member List to see if the Agent is a CMP Member.
- Step 3: Download the Guide to Making a Compensation Claim here.
- Step 4: Make a claim now by downloading the Claim Form or alternatively contact us on 0333 321 9414.
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