Anti-Money Laundering

Foster Lewis & Co is committed to operating its business in a transparent and open manner consistent with our legal and regulatory obligations. We are aware that the real estate industry is a target for organised criminals seeking to launder the proceeds of criminal activity. We always seek to prevent this activity by cooperating fully with the authorities and reporting suspicious activity to the National Crime Agency.

As part of this commitment, we adopt a strict compliance of all Anti-Money Laundering rules, with specific emphasis on the Proceeds of Crime Act 2002, the Money Laundering Regulations 2017, the Bribery Act 2010 and the Terrorism Act 2000.

Foster Lewis & Co policy commitment is applicable to all of our customers, including vendors, buyers, landlords and tenants. As a result we obtain and hold for a period of at least seven years evidence pertaining to our customers’ identity and, where appropriate, we obtain proof of ownership of property and source/destination of funds. We will be unable to proceed with any work on behalf of our customers if we are unable to obtain this information. Customers’ identity will be subject to an electronic identity check, which may also include a credit check

We are registered and supervised by HM Revenue & Customs for compliance with the Money Laundering Regulations 2017.If you would like to speak to us about Anti-Money Laundering, please email [email protected]

Indemnity

You acknowledge that you are solely responsible for the use to which you put this website and all the results and information you obtain from it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.

Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to this website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any consequential or indirect loss or damage incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use this website.

Whilst we take every care to ensure that the standard of this website remains high and to maintain the continuity of it, we do not accept any ongoing obligation or responsibility to operate this website (or any particular part of it).

If any part of our terms and conditions is deemed to be unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

These terms and conditions and your use of this website are governed exclusively by English law.

This does not affect your statutory rights as a consumer.

As with all Estate Agents, Foster Lewis & Co is subject to the Money Laundering Regulations 2017. This means that we have to obtain and hold identification and proof of address for all customers. Additionally, we are also required to establish whether there are any beneficial owners on whose behalf the transaction or activity is taking place, hence, we would request you to identify anyone who you would consider to be a beneficial owner. Where appropriate, the source or destination of funds may also be requested. Without this information we will be unable to proceed with any work on your behalf.

Below is a list of acceptable identity documents. We require sight of all original or certified documents. Subject to your individual circumstances, Foster Lewis & Co may liaise with you for further/other documentation.

Individual identity documents

Foster Lewis & Co requires one document from List A and one document from List B.

LIST A – IDENTITY DOCUMENT

  • Current signed passport
  • Valid UK driving licence
  • EEA member state identity card

LIST B – PROOF OF ADDRESS

UK/EU/EEA Drivers Licence (if UK Drivers Licence not used as ID)
Must be valid, not expired. Photo only. Full or provisional.

Bank, Building Society or Credit Union Statement
Dated with 3 months. Must include account number and show recent activity. No general correspondence.

Credit Card Statement
Dated within 3 months. Must include account number and show recent activity. No general correspondence.

UK, EU, EEA Mortgage statement
Dated within 12 months. Must show account number. No general correspondence.

Utility Bill
Dated within 6 months E.g. Gas, electricity, water. Must show address for service and/or account number. No general correspondence.

Telephone Bill
Dated within 6 months E.g. Landline or mobile pay monthly (excluding pay as you go). Must show address for service and/or account number. No general correspondence.

Council Tax
Dated within 12 months. Must show address for service and/or account number. No general correspondence.

Tenancy Agreement
Dated with 12 months. Must state full name and full property address. Issued by local council, housing association, solicitor or reputable letting agent.

Benefits Entitlement Letter
Dated within 12 months. Issued by DWP or Jobcentre plus. Must confirm benefit payable at time of issue. E.g. Pension, disability, single parent, housing etc.

HMRC Tax Notification
Dated with 6 months. Must state national insurance number and tax calculation. No general correspondence.

Home or Motor Insurance Certificate
Dated within 12 months. Must state insured address or registered address for vehicle and policy number. No general correspondence.

UK solicitors letter confirming house purchase/land registration
Dated with 3 months. Must state full name of new proprietor and full property address.

NHS Medical Card or letter from GP confirming registration
Dated within 3 months. Must state individual’s date of birth and NHS number. No general correspondence.

Official confirmation of Electoral Register entry or official poll card
Dated within 12 months. Must state full name and full address. No general correspondence.

Police Registration Certificate
Dated within 12 months. Must state the full residential address of the individual.

Probate

If you are acting as a Representative of an Estate we require the following:

  • Grant of Probate (if a will was left)
  • Letter of administration (if no will left)
  • Individual identity evidence from List A & B for the Personal Representative, either executor or administrator

Limited company

If you are acting as a Representative of a UK Company we will also require the following:

  • Certificate of Incorporation
  • Articles of Association
  • Memorandum of Association
  • Latest Annual Return or Confirmation Statement, with details of current company officers
  • If offshore, nominee director declaration and a general power of attorney
  • Individual identity evidence from List A and B for all individuals or entities with 25% or more of the shares or voting rights in the company

If you are acting as a Representative of an Offshore Company we will also require the following:

  • Certificate of Incorporation
  • Articles of Association, Memorandum of Association, Latest Annual Return with details of current company officers, Share Certificate(s) showing the Ultimate Beneficial Owner OR
  • Certificate of Incumbency
  • If the shares are owned by another company, repeat steps above for the holding company
  • Nominee director declaration and/or general Power of Attorney (if applicable)
  • Individual identity evidence from List A and B for all individuals or entities with 25% or more of the shares or voting rights in the company

Trust

If you are acting as a Representative of a Trust we require the following:

  • Trust deed
  • List of trustees
  • List of beneficiaries
  • Individual Identity evidence from List A & B for all individuals with a vest interest in 25% or more of the capital and/or those who exercise control over the Trust

What does Right to Rent mean for me?

Right to Rent was introduced under the Immigration Act 2014 and it is really important for both tenants and landlords to understand the implications of this act.

It places restrictions on illegal immigrants accessing rented accommodation in England by making all adult occupants prove they are in the UK legally before being granted a tenancy. This is done through a process called a Right to Rent check.

What is a Right to Rent check?

This is when a prospective adult occupant of a rental property shows their identity documents in person to a landlord or letting agent. This is a similar checking process to presenting your passport (and visa) to a border control officer at an immigration check point.

The landlord/letting agent must take a copy of the documents seen, and record the check being completed. If a tenant has a time limited right to rent (e.g. a visa or Biometric Residency Permit with an expiry date) then the check must be done within 28 days of the tenancy start date and the visa must be valid for the proposed tenancy start date.

What are the landlord’s/agent’s responsibilities?

The landlord/agent must:

  • Check all adult tenants who will live in the property as their only or main home
  • Ask tenants for the original documents that show they have the right to be in the UK
  • Check the original documents with the tenant physically present and ensure they are valid
  • Make copies of the original documents and record when the check was completed
  • Conduct follow up checks at the appropriate time (e.g. repeat the check when a tenant’s visa expires)

If follow up checks reveal that an occupant in a rental property no longer has a valid ‘Right to Rent’ then the landlord/lettings agent must report that person to the Home Office.

What documents are acceptable?

Acceptable documents that a tenant can use to demonstrate their identity and Right to Rent are dependent on their nationality.

Options for EEA/Swiss citizens are:

  • Valid Passport
  • valid EEA*/Swiss national ID card
  • combination of valid UK driving licence & original UK birth certificate (British citizens only)

*Countries in the EEA are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden & the UK

Options for all other nationalities are a combination of passport and a valid visa or Biometric Residence Permit (BRP).

If I don’t have my documents what are the consequences?

Occupation of a rental property is conditional on all adult occupants demonstrating a valid Right to Rent prior to the tenancy start date. This can be done at any branch of Foxtons. If any adult occupant fails to present themselves and their original documents proving a valid Right to Rent then all occupants may be denied access to the rental property until this requirement is satisfied.

Want to know more?

Right to Rent checks have been introduced as part of wider Government reforms to the immigration system. For more information visit the Home Office website