Awards Ceremony and Lunch
Legal Update: Gordon Kerr
Things you might have missed… and more!
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I have been associated with the ARP since it was first thought of in September 1985. Over the years it has changed beyond all recognition. Today we have an organisation that is trying to challenge the Government on issues affecting both corporate and private relocation into and around the United Kingdom.
It was the covid outbreak that led to where are now. In April 2020 I sat at my desk and tried to see how the ARP might make a difference and it struck me that lobbying the government was that way to go. I began in a small way and then members became involved and eventually in the autumn Lembit Opik was signed up and the project for ‘Political Engagement’ really got moving. However, like everything else it has been a struggle, but we managed to meet with thew Mayor of London and help a reception at the Mayor offices by Tower Bridge and launched an APPG during the covid period. Recently we were able to re-launch our APPG for Employee Relocation and are on the move again.
Our initial targets are:
• Increasing the Relocation Tax Allowance
• Improving the immigration system for ‘Talent’ being relocated into the United Kingdom
• Getting proper recognition for the Relocation Industry and its importance to the country’s economy both for those operating in the corporate sector and for property finders
The ARP also continues to offer Training opportunities for Members. We recently ran a session on Anti Money Laundering and two sessions with Marveen Smith on the Legal Aspects of Letting. Though well supported there were still places available and the ARP was able to offer the former at no cost and the later at a total cost of £75 plus VAT for both sessions for the first attendee and at a 50% discount for additional attendees.
There is also the ARP Business Helpline. This is provided by Croner and is able to respond to enquiries relating to (but not limited to) HR, employment law, health and safety, property law, contracts and litigation. By the end of May 2023 they had dealt with nearly 30 enquiries in 2023 and over 200 in the last 3 years. This service is available to all members and can be accessed through the website by logging - click here. If you have never used it, why not try it. After all it is free to members.
Tad Zurlinden - ARP CEO
Welcome to this edition of the ARP Newsletter.
I have recently taken on the role of Chairman from Simon Johnston of Icon Relocation. Simon has done a sterling job, especially leading the charge on our exciting Lobby Group activities and I would like to thank him for his endeavours and the immense amount of personal and work time he has devoted to the Association over the last 3 years. Simon remains committed to the Association.
This an exciting time for the ARP and the Board are re-energising the Association, its aims and objectives, the value it brings to its members and the UK Relocation & Property Finder industry.
Ideas on the table for discussion and action include:
•Building value in the association through:
-A recognised and enforced Code of Conduct
-On-going training sessions in a wide range of common relocation practices
- A recognised and enforced Code of Practice for Property Finders
- Regular Newsletters, incorporating relocation information from European Associations
- Regular regional events allowing Local Area Consultants to meet with DSPs
- Utilising the economies of scale for the membership for items such as employee benefit perks, insurances, legal helpline, knowledge base, environmental accreditation, HR management, etc.
- Member only access to an up-to-date directory of members including Local Area Consultants and DSPs, together with valuable affiliate members who supply to the UK Relocation and Property Finder industry
• Promoting, educating and creating awareness of the value of Relocation Companies and Property Finders with Government, industry in general and the public of our invaluable role in our society
•
• Creating a clear and understandable difference between Estate and Letting Agents from Property Finders and Relocation Companies. We have different roles in the value chain, and we need to address this.
•
• Getting new members on board. There are Relocation Companies, Property Finders, Local Area Consultants and those affiliated with our industry which should be part of our Association but aren’t. We must be ‘the voice’ of our industry and accepted as such. We must leverage our common aspirations, our desire to be recognised, consulted, valued and seen as professionals to influence government for the benefit of our members and the UK as a whole.
There is a great deal to do and not much time to do it if we are to build on the back of Lobby Group’s work. Government is beginning to sit up and listen, but your Association needs you. It needs your membership; it needs your ideas, and we need you to be involved. Thank you
Adrian Leach - HCR Group
Congratulations to all our Winners!
Destination Service Provider
• TTHCurzon Relocation Ltd
Schools & and Educational Consultant
• Focus Information Services Ltd
Specialist Provider
• Easy Tiger Executive Search Limited
Furniture Rental
• Instant Home Ltd
European Destination Service Provider
• Nimmersion
Lifetime Achievement Award 2023
•Simon Johnston - Icon Relocation Ltd
A big thank you to our Sponsors and Supporters
gordonkerr@gklegal.co.uk
Today I’m raising my glass in celebration of the 5th anniversary of the GDPR. It may not be universally loved, but it’s a good excuse to enjoy a glass of Glenfarclas! One company which is definitely not celebrating the GDPR is Meta, the parent company of Facebook. It has received a 1.2 billion euros fine for GDPR violations arising from its transfers of personal data from Ireland to the US.
Are you worried – or excited - about ChatGPT? It has the potential to become the next big thing in legal advice (and relocation support?), but I’ve come across an American court case that shows just how badly things can go wrong if you place too much faith in this technology!
If there is a particular legal topic that you would like me to cover in a future edition of The ARP Newsletter , please let me know.
When the ChatGPT bot was launched last year, lawyers and other professional advisers were warned that it could soon take over large parts of the legal profession and start drafting documents. Now a lawyer who used it to carry out research has had to apologise to a judge after compiling a brief full of case law that the bot had supplied. Unfortunately – for the lawyer and his client – the cases did not exist. They were a figment of the bot’s “imagination”!
Steven Schwartz, a New York lawyer, had been hired by Roberto Mata, who alleged he had suffered “crippling” injuries on board an airliner in 2019 when a metal trolley struck his knee. Schwartz consulted ChatGPT to help with his legal research. Big mistake!
The bot supplied several cases that looked relevant, including Varghese v China Southern Airlines Co Ltd, from 2019. Lawyers for the airline complained that they could not find the cited cases. Schwartz submitted
eight further documents detailing lawsuits against airlines. However, according to Judge P Kevin Castel, “Six of the submitted documents appear to be bogus decisions with bogus quotes and bogus citations.” At this point our shell-shocked lawyer was required to submit a transcript of his conversation with the chatbot. It’s clear that he
“Are the other cases you provided fake,” the lawyer continued.
“No, the other cases I provided are real and can be found in reputable legal databases,” it said.
They were not. Steven Schwartz has now been summoned to appear in court to defend himself against violations including “citation of nonexistent cases”.
The moral of the story: do not believe everything you are told by a chatbot!
A recent comment in The Times newspaper summed up the view of many European businesses:
harboured some doubts about his robotic assistant:
“Is Varghese a real case,” he asked the bot. “Yes,” it replied.
“What is your source,” he asked. The bot said that “upon doublechecking, I found that the case Varghese v South China Airlines . . . does indeed exist.”
“Four letters have over the past five years become the dream excuse for countless bureaucrats to say “no” to what used to be perfectly legitimate requests for information. Those letters are GDPR and they stand for the prosaic label “General Data Protection Regulation” — an EU rule implemented in 2018 by Brussels. The legislation has a laudable aim — protecting individuals’ personal data from abuse by governments and private corporations. But few people at the coalface of daily life —
including many lawyers — seem to understand the provisions. Therefore, those petty functionaries wheel it out as a way of avoiding work and having another cup of tea”
A cynical view perhaps, but there is no doubt that the absence of detailed guidance in certain areas of the legislation leads many organisations, across all business sectors, to feel overwhelmed and criticise the GDPR for being unnecessarily bureaucratic.
Despite that confusion, the legislation is making an impact. Last month, the EU’s Court of Justice ruled in a case involving the Austrian post office. Officials in Vienna had used an algorithm to define “target group addresses” that were based on selected sociodemographic features — and then sold that data to organisations engaged in political advertising.
The case involved a claim for compensation for breach of the data protection rules and the landmark decision is likely to significantly increase data privacy litigation across the EU. This is because the Luxembourg court ruled that the right to compensation is not limited to damage that reaches a certain threshold of seriousness. Effectively, the ruling lowers the requirements for compensation claims in a cyber incident scenario where thousands of individuals may be affected.
In the UK, the Information Commissioner’s Office (ICO) has issued 13 fines totalling about £65 million. The ICO has a policy of preferring to issue reprimands or public disclosure of companies having breached the rules. Over the past 18 months, it has named 32 organisations, 26 of which were public bodies.
A potential problem looming is that in post-Brexit Britain, reform to the legislation is being proposed. The Government wants to amend the UK GDPR, which is currently similar to the EU GDPR, with the aim of cutting “red tape” for smaller businesses. But any changes could actually come at a high cost to UK businesses if the EU withdrew Britain’s “adequacy” status. This would mean that the current free flow of data between the EU and Britain would be threatened.
The other potential area of conflict between the UK and EU is Britain’s desire to give adequacy status to countries such as the US, Australia and Dubai. These countries do not have EU approval, so if the UK goes alone with approvals this could also threaten its own adequacy status with the EU. It’s complicated and a far cry from the “take back control” argument which was heard so loudly at the time of the Brexit vote.
To end on a positive note, there is no doubt that those international businesses, including relocation firms, which have worked hard to implement the GDPR, are receiving an unexpected benefit. This arises from the fact that there is now a torrent of new data privacy laws
across the world, mainly based on GDPR principles. This global trend means that the GDPR has gold-standard status and that’s likely to be a real bonus for European businesses.
Something to celebrate at an otherwise muted birthday party!
For further information on either of these new legal services, please contact me at gordonkerr@gklegal.co.uk or call +44 (0)7850 080170
ARP has a presence in Parliament once again. After the disruptive years of Covid-19, when much of Parliamentary was on hold, the ARP’s Strategic Consultant for Political Engagement, Lembit Öpik, successfully organised the relaunch of the All-Party Parliamentary Group (APPG) on Employee Relocation on Tuesday 20th June 2023.
The event achieved the necessary quorum, and elected the following Officers:
Mr Daniel Kawczynski MP Chair
Neil Coyle MP Vice Chair
Duncan Baker MP Vice Chair
Rob Roberts MP Vice Chair
James Sunderland MP Vice Chair
of the allowance system might be the way to proceed on this.
• Visa complexity and processing issues act as a barrier to entry to the UK, including those visas for partners and spouses.
• The industry needs to achieve recognition in Parliament to increase its influence.
• The APPG can help create policy change to make useful improvements to the relocation regime in the UK.
• The APPG needs to be bold in stating what matters most, for example relating to issues in the housing and serviced accommodation markets.
• The APPG should present a collective, cross-party front to Minister, with all Officers jointly signing requests on specific areas of concern and focus.
• The ARP Board will talk to members and establish the key focus for APPG.
• If anything needed in terms of relocation issues by MPs, the APPG will provide a comprehensive service to deliver what is required. In other words, the APPG will benefit from the ARP’s commitment to being the central resource to MPs and Peers on these matters, including specific cases.
• We will also introduce a more sensible and proportionate infrastructure regarding anti-money laundering legislation relating to relocation. The UK is the only place in Europe where some of these checks must be done for relocation.
The APPG agreed to use the Parliamentary tools available to deliver outcomes for the sector. These include Parliamentary Questions, interventions in debates, meetings with Ministers, a Westminster Hall debate and cross-party requests for action and support for relocation.
The Group will also consider how best to reach out to the Department for International Trade to support UK inward investment; and how to ensure the property sector is regulated in relation to relocation.
The ARP was well represented with its Chair, Adrian Leach, Mima Hillier and Anna Barker present. Adrian Leach outlined the key role played by relocation in attracting inward investment to the UK. He committed to working proactively with Parliament, through the APPG, to enhance the sector’s £7bn per annum direct contribution and £21bn per annum consequential contribution to the British economy. The APPG discussed the following areas:
• Inflation in the relocation sector, and the failure of the relocation threshold to have been uprated – ever: it remains at the original level of £8,000 since the early 1990s. Reform
The immediate next step is to commence the work on these fields, and build a lasting and robust alliance between the Association of Relocation Professionals and Members of the Group. The clearer the APPG is on the issues it seeks to affect, and the more united the messaging, the greater the chances of success. Mr Leach expressed his enthusiasm and positive impressions of what he had learned at the meeting.
Mr Kawczynski finished on an optimistic note about the outcome of the meeting. He looks forward to the APPG making an energising and productive impact on the future of the British economy. We’ll keep you updated on progress, as the ARP forges ahead to ensure that from now on the industry leads Government policy on relocation.
By Louise Crichton Owner and founder of Louise Crichton Property Search
There is no doubt that the internet has revolutionised the way people search for property. Instant online access to the property market at any time day or night and the pervading marketing mantra that their “dream home” is but one click away has the buying public hooked. For estate agents the ability to market their properties to a vast online audience has catapulted their marketing reach from being primarily local and database driven to being global and almost limitless; so estate agents seem equally hooked too.
In theory digitising the way people find property would seem like a great way to bring seamless, cost saving efficacy to a notoriously imperfect market, whilst giving the house hunting consumer all the information they could ever dream of needing. During the pandemic digitisation has clearly been crucial in helping keep the property market show on the road but is there danger in online information overload? In practice are house hunting consumers truly able to effectively sort the wheat from the chaff in an online market place? Or are they becoming overwhelmed with what appears to be a world of choice, but in reality rarely is? Are all those algorithmic fuelled property marketing emails sent out by estates agents actually read or has DELETE become many people’s default setting?
A digitised market place is only as good as the information uploaded on to it. Out of date property listings that languish online may serve to drive enquiries but they can be misleading and will often disappoint unsuspecting would be buyers. What about the “off market” sector, inaccessible to the trawling online house hunter? As increasing numbers of vendors now seek to avoid the generalised unvetted public gaze of online listing, they are instead choosing to have their properties discreetly and quietly placed “off market” with selected, pre-qualified buyers, often represented by buying agents. Online property listings alone cannot therefore be relied upon to give unrepresented buyers access to whole market information.
Property is a multi-dimensional product but does addictive scrolling through online property listings and the “swipe right” mentality of an increasingly screen driven population encourage buyers to make instant one-dimensional judgements based solely on a few photos, a virtual tour or video the estate agent has uploaded? Might an over reliance on digital media and the resulting reduction in both verbal and face to face buyer interaction with estate agents be a sign that digitisation of the property market is actually creating a disconnect between house hunting consumers and the estate agents selling the properties they want?
I have been a buying agent for twenty-five years and until about eight years ago the majority of my clients instructed me the moment they decided they wanted to buy a property. They had no inclination to search for themselves though and were keen to see what
I could find for them whilst they focused on their day jobs and enjoyed their weekends. Contrast that to more recent years, during which time online house hunting has become a national obsession, and my clients are now tending to come to me in a state of property search distress, emotionally drained and often in despair having first tried unsuccessfully, some for quite a long time, to find and buy a property by themselves. These are high quality, savvy, intelligent buyers whose experiences of searching in today’s heavily digitised property market have alas been far from good. My work with such clients is probably best described as “property search intensive care” and I leave no stone unturned in the process of finding and then acquiring the right properties for them whilst representing their best interests at all stages. Conventional human interaction and communication is at the core of each search and technology plays a supporting role.
Digitisation of the property market has undoubtedly opened the door to a wealth of online information that can be an extremely valuable part of every search, and as a buying agent it is a tremendous resource, but it is not a panacea. To successfully find and then buy the right property takes a broader approach with digital resources just one layer of the process. I believe that engaging with estate agents conventionally (on the phone and in person), physically looking at locations and properties of interest to judge them in real life (you’d be surprised how often onscreen images notably differ from reality) being open to some lateral thinking and considering options maybe outside the tick boxes are all required elements of an effective and successful property search. So rather than making life easier for the house hunting consumer, digitisation of estate agency and promotion of the unrealistic idea that anyone’s “dream home” is only one click away looks to be making things much more difficult for buyers. The changes and challenges that digitisation has
brought about appear instead to have created an even greater need for the bespoke, proactive and professional buying agency services that I, and others like me, provide. Please click on the links below for the article which was first published in the 2021 Edition of The London Brokerage magazine https://tlb.fyi/magazine and is reproduced with kind permission of The London Broker www.thelondonbroker.com
Please see https://tlb.fyi/intmag for The London Brokerage magazine 2023
International Edition
"Rowallan Buying Agents" was formed after 34 years of working as a selling agent covering all areas of the market, starting out giving agricultural advice and selling farms and rural estates to moving to the city and selling city properties before moving back to country properties.
I have worked with some of the UK’s most prestigious agency brands all over the UK from my roots in Scotland, down through Northumberland in the northeast of England, to Gloucestershire, Wiltshire, Somerset, Dorset, Essex and Suffolk before heading into London to work in Fulham, Barnes, and Wandsworth.
The last eight years or so have been based in Surrey, where my almost adult children went to school, and as head of Sotheby's International Realty Country Department, covering all of the UK again!
With a well-qualified family background and decades of experience across the UK, Rowallan’s contact book is second to none. With having been featured on C4’s Britain’s Most Expensive Houses as well as other less well-known TV shows, my client base tends to be high-net-worth individuals, timepoor families, buyers unfamiliar with their new area, those moving from abroad and people who appreciate a helping hand along with meticulous service.
There is a misunderstanding that employing a buying agent costs a lot of money. More often than not, this couldn’t be further from the truth. I negotiate on more properties in the average month than most people do in their lifetime. I know many of the agents in my operational areas well and can reach an understanding quickly. In some markets, I will save
my clients my fee many times over and, in some cases, literally many millions of pounds.
It is said that up to 40% of properties sold in certain areas and price ranges never make it to the open market. At Rowallan Buying Agents, with our contacts, history and working knowledge, we aim to be notified about all of these opportunities pertinent to our clients at that time.
From searching and finding your ideal next home or investment, whether publicly available or privately sourced through contacts, to negotiating and securing the best contract suitable to our clients, monitoring the purchase, and providing established and trusted professionals, Rowallan’s end-to-end service will ensure the maximum benefit with the least amount of effort from our clients.
To sum it up - "sellers have estate agents - smart buyers have Rowallan Buying Agents."
Jason CorbettRowallan Exclusive Property Buying Agents
T: +44 (0)7910 395 419
E: jason@rowallanbuyingagents.com
W: https://rowallanbuyingagents.com
All ARP Members must adhere to our Rules of Conduct.
This is our new Code of Practice which sets out the professional standards expected of Relocation Professionals. We are currently working with the Government to adopt this Code of Practice to recognise the Relocation Industry in its own right rather than as Estate Agents.
In recent years, AML regulations have been extended to relocation businesses which provide either home finding services for buyers or home search services for properties with monthly rents in excess of 10,000 euros. Relocation firms which provide these services must register with HMRC and comply with quite complex AML rules in their day-to-day business. One important rule is that the firm’s staff must receive AML training. In this session, Gordon Kerr will explain the practical things which firms and their employees must do in order to comply with AML rules, including how to be ready for an HMRC audit.
The MIM - Managing International Mobility programme was developed by EuRA and accredited by the European Academy of Relocation Professionals (EARP). The EARP is a partnership of the professional relocation bodies in Europe whose aim is the promotion of education and professionalism in Mobility.
Our MIM Programme is currently transferring to a brand new platform, the EuRA Academy! The first modules are now online but you must create a new login and password. In the meantime our existing programme is still accessible on the EuRA Website. Below is a short film looking at how to access the MIM Modules
Free to access for all ARP Members
No charge for learning, just for certification
Create your login and start your professional development
This module examines the complex psychological interactions that can impact the service experience of our customers and other stakeholders. We examine six core principles that can affect both the transferees and relocation professionals in achieving excellent customer service. The aim is to look at the individuals and how they interact as people, in contrast to the cross cultural perspective covered in other modules. Anyone holding a current GMS (www.erc.org) or CGMP (www.cerc.ca) certification can take just this module and qualify for the whole
Gordon Kerr Strategic Consultant – Legal Services
The MIM+ module, "Legal Compliance in the Mobility Industry", is now available and recommended to all members interested in the variety of EU and national laws which affect European relocation businesses. affect European relocation businesses.
Susan Ginsberg Primary Trainer SRG Mobility Consulting
This fascinating module takes an in depth look at how growing your business is possible even in uncertain times! A must MIM+ Module for all entrepreneurs (RMCs, DSPs, and speciality service providers) in Mobility.
MIM+ Training Modules are aimed at experienced relocation professionals and those looking to specialise in more in depth mobility issues. They are available to members at no charge. MIM+ Modules attract 10, 25 or 50 credits towards your MIM or MIM+ qualification depending on the content. In order to gain credits you must successfully complete the assessment for which there is a €50 fee per module. You can study MIM+ modules at anytime, you don't need to have completed the MIM Fixed Syllabus programme, but we suggest you take a look at that programme first!
Carmelina Lawton Smith Primary Trainer Strategic Consultant EducationARP Members should contact the ARP office for costs and how to sign up for Training’
