Goodlord is the award-winning lettings platform that works alongside your CRM to manage the entire tenancy process in one place.
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Estate and letting agents who receive rent payments equivalent to €10,000 or more per month for a property have been subject to anti-money laundering legislation - the Fifth Money Laundering Directive which falls under The Money Laundering and Terrorist Financing (Amendment) Regulations 2019 - since 10January 2020. To remain compliant, agencies that fall into this category must also register with HMRC by 10 June 2021.
Agencies that fail to register with HMRC by this date will risk penalties which will be calculated on a case-by-case basis. The regulatory body will take into account your reasons for not having registered, whether or not you told HMRC that you’re not registered, and whether you have had any previous warnings or penalties. Agents will also be required to pay certain fees upon registration, covering the registration fee for each premises and an "approval process" fee for each person tested.
Letting agencies still need to meet certain responsibilities under money laundering legislation, including carrying out a risk assessment and customer due diligence on agreements with landlords and tenants where, for a period of a month or more, the rent during at least part of that period is equivalent to a monthly rent of €10,000 or more.
You will need to assess all the ways that your business could be exposed to money laundering and terrorism financing risks and put processes in place to deal with them. You will also need to stay on top of risk information and emerging trends from sources such as the National Risk Assessment and HMRC’s risk assessment, and update your procedures as necessary.
Your assessment should include the risks posed by your:
Your risk assessment must be in writing and subject to regular review. They need to reflect changes to your business and the operating environment. The risk assessment must be given to HMRC when requested. Learn more about carrying out a money laundering risk assessment.
You will need to complete customer due diligence on all of your customers and beneficial owners. Customer due diligence - often referred to as "know your customer" or KYC checks - is the process of identifying your customers and confirming they are who they say they are, usually by obtaining their name, an official identification document, and their residential address.
You will also need to identify the ‘beneficial owner’ in some situations, for example if someone else is acting on behalf of another person in a particular transaction, or if you need to establish the ownership structure of a company, partnership or trust. Learn more about carrying out customer due diligence.
It's important to note that this article isn't exhaustive and doesn't constitute legal advice. See gov.uk for more information on anti-money laundering regulations.
Oh Goodlord Limited is an Appointed Representative of Goodlord Protect Limited for general insurance products and credit broking. Goodlord Protect Limited is directly authorised by the Financial Conduct Authority, registration number 836727. You can check this information on the Financial Services Register by visiting www.fca.org.uk/register or by telephoning 0800 111 6768 (Freephone) or 0300 500 8082 from the UK. The FCA is the independent watchdog that regulates financial services.