The Competition and Markets Authority (CMA) has published guidance for lettings professionals to help improve their understanding of, and compliance with, consumer protection law.
The guidance follows the publication last year of a wide-ranging report into the lettings market by the CMA’s predecessor, the Office of Fair Trading (OFT), which raised concerns about a number of unsatisfactory practices affecting tenants, including unfair and ‘surprise’ fees and charges, poor service and delayed and substandard repairs. The OFT considered that greater compliance with existing legislation would improve the way the lettings market works.
The result of constructive engagement with the lettings industry and other stakeholders, this guidance will help lettings professionals to understand their responsibilities under consumer and business protection regulations. The CMA has worked closely with Trading Standards Services to agree how the law should be applied to the most problematic practices and to identify enforcement priorities, so that together they can tackle non-compliance and improve the way the market functions.
The guidance includes advice such as:
- ensuring that tenants and the lettings agent’s landlord clients know what charges and fees they will have to pay and what these are for.
- avoiding using misleading advertising or statements, and ensuring that the tenant or landlord is given all the information they need, at the appropriate time.
- providing clear information which the tenant needs to know before they move in (such as guarantor and deposit requirements, and the terms and conditions of the tenancy agreement).
- dealing fairly and professionally with tenants and landlords, and using fair contractual terms.
- ensuring that services and repairs are carried out in a timely manner and with reasonable care and skill.
- giving clear and full information to tenants about how to end a tenancy agreement.
The guidance is intended to complement existing and emerging industry schemes and codes of conduct, and is relevant to lettings professionals in England, Wales, Scotland and Northern Ireland, highlighting national variations in legislation.
Nisha Arora, CMA senior director, consumer, said: “Renting a property is a big financial commitment, and it is important that tenants can be confident that their landlord or letting agent will treat them fairly. This guidance will help lettings professionals understand how to comply with the law and should ultimately improve overall standards in the market.”