Material Information guidance withdrawn as the Digital Markets, Competition and Consumers Act takes over
The property sector has seen a significant regulatory shift with the quiet withdrawal of the National Trading Standards Estate and Letting Agency Team (NTSELAT) Material Information Guidance. This change coincides with the enforcement of the Digital Markets, Competition and Consumers Act (DMCC Act) on 6 April 2025 which supersedes the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and has shifted power over consumer protections to the Competition and Markets Authority (CMA).
Data shows Japanese knotweed consistently mistaken
Harmless plants, including Bindweed and dogwood, are frequently mistaken as Japanese knotweed, leading to unnecessary alarm and potential complications during property transactions, and further education is needed to help with identification.
Warning for estate agents after High Court case of misleading details
The buyers of a £32.5 million mansion sued the seller after he failed to give honest information about the state of the property in pre-sale enquiries, particularly, a serious moth infestation. As a result, the court ordered the sale to be reversed, with the buyers receiving a refund of the purchase price plus £4m in damages, including compensation for ruined items.
What estate agents need to know about the Renters Rights' Bill
Agents working with landlords who want to sell a property with sitting tenants must be well-versed advising clients effectively on realistic pricing and the potential impact on the buyer pool, and with tenancy reform at the heart of the Renters’ Rights Bill, watertight paperwork and record-keeping will be more important than ever, for buyers, sellers and agents.
Agents need land revenue services to be accessible and affordable
HM Land Revenue (HMLR) provides vital information for agents listing properties to let and sell and completing the sales process. Quick, cost-effective access to these services is more important than ever as the industry adjusts to the latest material information guidance.
Clear land ownership details to reduce economic crime
The UK Government wants to improve the transparency of land ownership involving trusts, which will prevent unnecessary barriers to the sales process. Propertymark generally supports these efforts that will ensure agents can effectively help money laundering and economic crime in the UK property market. Agents, however, must be included in the list of professionals who can access the enhanced ownership details.
Communicating correctly about leasehold properties
If the Leasehold and Freehold Reform Bill becomes law, it’s expected that the sales market for leasehold properties will be reinvigorated. Leasehold is a complex area and can be intimidating for agents and consumers, so what are the fundamentals of the current situation, and how will this change if the Bill is introduced?
Clarity provided on property advertising terms
The terminology surrounding the renting and sale of properties can be confusing for some consumers and new guidance from the National Trading Standards Estate and Letting Agency Team (NTSELAT) provides definitions of commonly used terms to improve consistency and understanding for everyone involved.
Upfront information requirements bolstered by UK Finance update
An amendment to the Mortgage Lenders’ Handbook for Conveyancers now states that details of remediation work under the Building Safety Act 2022 must be requested for transactions involving leasehold flats in England. Estate agents dealing with this type of property where remediation work is current or planned or has previously taken place must ensure the particulars are recorded and shared with stakeholders.
Assured Advice 38: Pollution and flood risk
Would it be a misleading omission to fail to give information about pollution levels or flood risks for a residential property for sale or let?
Property Information Questionnaire (PIQ) for sales
Propertymark’s Property Information Questionnaire (PIQ) is a credible structure to underpin the work property agents do with their clients to gather information.
Assured Advice 37: Violent deaths and paedophiles
We have advice from Warwickshire County Council Trading Standards around whether agents need to disclose whether the previous occupant was murdered, committed suicide or a paedophile.
Dispute on material information accuracy leads to court case
Agents must be aware of the need to conduct due diligence checks on material information, as vendors from Oxfordshire are being sued for damages after claims they failed to disclose accurate information to their buyers. The buyers withdrew from the sale after the exchange of contracts when information of a planned nearby hotel development came to light.
Assured Advice 17: Displaying letting fees
Is it misleading for a letting agent not to display tenant and landlord fees in their offices?
Assured Advice 34: Property Information Questionnaire
Does the Propertymark Property Information Questionnaire, if properly completed, ensure compliance with the Consumer Protection from Unfair Trading Regulations 2008?
Assured Advice 7: Consumer Protection Regulations and certain situations
In this issue, Warwick Trading Standards Service answer questions on restrictive covenants, planning applications, Japanese Knotweed, parking at flats and a question whether you should disclosure that previous tenant was electrocuted and died.