Page 17 - 81_COURT ORDERS OCR _1-11-16 (from 8-8-16)

17. Breaches of the Code of Practice
The facts outlined above highlight multiple breaches of the Code of Practice as follows: Section 3.1
Section 3.2
Section 3.4
Section 3.10 Section 3.20 Section 3.22
Section 3.26 l_c
Section 3.28 Section 4.1
Section 4.5
LSection 4.7 Section 4.12
No procedures for client money to be held separately and in trust.
No written management contract/ terms of engagement with MHML.
No periodic health and safety or fire risk assessments as required. Memorandum of standard charges not pro- vided (the plagiarized memorandum previously provided on the website having been withdrawn).
No fair policies/procedures for dealing responsibly with management matters. Failure to observe terms of leases and to comply with law.
Failure to respond promptly/suitably to reasonable requests for information Misleading of tenants contrary to the Code of Practice.
Communications with tenants not accurate, clear, concise and courteous as required
No health and safety policy or risk assessments No registration under Data Protection Act
No professional indemnity insurance or fidelity insurance provided.
No dispute resolution procedures or policies for handling tenant disputes. Harassment of tenants contrary to law and to the Code of Practice.
No separation of client/tenant money.
No separate client/ tenant bank accounts.
No notification of client/tenant bank account details. No records to show dealings with client/tenant money.
Section 6.2
Section 6.6
Section 7.4 Section 7.7
Section 7.11 Section 7.12
Section 7.13 Section 8.1
Section 8.8 Section 9.1 Section 9.7 Section 10.17
Section 10.22
Section 10.24 Section 12.2
Section 12.3 Section 12.5 Section 12.6 Section 12.7
Section 12.10 Section 13.11 Section 19.1 Section 20.1
Demands for money not clear and understandable as required by the Code of Practice
Demands for administrative charges not accompanied by a notice summarizing tenants' rights as required. Failure to follow statutory consultation procedures
Regular inspections of lifts and boilers by qualified personnel not undertaken as required
Obligation to monitor quality of water not complied with.
Obligations under Electricity at Work Regulations 1989 to maintain electrical equipment not fulfilled.
17