To help tenants decide whether your property is the right choice for them or not you need to provide them with some key facts. If you have relet your property in the last two or three years this will have been further defined as material information under the guidance of the National Trading Standards Estate and Letting Agency Team (NTSELAT). Launched in three parts, beginning in 2023, this aimed to more clearly define the details required.
The initial part of the guidance, part A, included basic information such as the council tax due on the property and its rental price. Parts B and C were revealed in 2024 and included parking and utility information in Part B and risks to a property, such as flooding, in Part C.
Such information was populated, either directly by landlords or by letting agents, into the data fields of property portals such as Zoopla and Rightmove.
A major change
In May 2025, that Material Information Guidance was discreetly wiped from existence. Its withdrawal followed a shift in legal responsibility for consumer protection from the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) to the Competition and Markets Authority (CMA). That followed the Digital Markets, Competition and Consumers Act (DMCC Act) coming into force in April.
The CMA’s power is greater than its predecessor, since it allows for direct fines and possible bans if a commercial practice is deemed unfair – without the need for a court case first. If you are handling lettings directly as a landlord, then you will need to review your processes to ensure you are compliant with the new guidance. The challenge is that without a clear definition and the previously property-specific examples it can be hard to understand exactly what your information responsibilities are.
The legislation as it currently stands puts in place an expectation that anyone trading with consumers must do so fairly and diligently. It isn’t yet property specific so has been understood as providing any information that could influence a tenant’s decision to rent your property. The same rules apply if you are using a letting agent to market your property.
Such information must be clearly displayed and included in any materials that are defined by the CMA as an invitation to purchase (ie buy or rent). That could include social media posts, portal listings and adverts. Such information should be readily available within one click.
Drip pricing is also now banned, with all non-optional fees related to the letting of a property now required to be disclosed upfront.
Be clear and honest
Penalties are hefty, with the CMA able to fine up to £300,000 for breaches of the act. The changes may be vague, but the consequences mean that providing all the information you can – whether it’s you or your letting agent who is marketing your property – will be essential.
This provision of information isn’t just about compliance. Being clear and honest about the specifics of your property will also help tenants make decisions faster and helps to avoid any nasty surprises later that could prompt them to move out. And, at a time when the Renters’ Rights Bill is designed to encourage tenants to stay longer in properties being open and honest helps to build trusted, long-term relationships.
For more information on how Kings Group can assist you on your letting journey, please contact one of our branches in Essex, London or Hertfordshire today. We also offer a free and instant online valuation to give you an idea of how much your home could be worth on the current market.
