Landlords

• Ensuring that you have appropriate processes in place to gather and verify all the necessary information that potential tenants will need to decide about the suitability of the property.
  Collect all the information required for advertising and property particulars, as well as any information that prospective tenants would need during the letting process.
• As an agent you are responsible in obtaining sufficient information from the landlord and make further inquiries if any information is incomplete or appears inaccurate. Ensure that the property is properly marketable.
• In some cases, you may need to request the landlord to carry out additional work before marketing the property. For example, if the property has gas appliances, ensure compliance with the Gas Safety (Installation and Use) Regulations 1998 by checking if the landlord has obtained a gas safety certificate and advising them on necessary steps to be taken.
• Do not publish information that you know or suspect to be inaccurate. If you provide misleading or inaccurate information about the property, it may be difficult to demonstrate professional diligence if you did not personally inspect the property.
• Verify any attractive features of the property that you intend to advertise, such as parking rights, surrounding amenities, and views. Providing Information in Advertisements and Property Particulars.
• All information provided to potential tenants should be clear, accurate, and not misleading. Do not omit material information.
• The purpose of legal requirements is to enable consumers to make informed decisions about the property. Ensure that the information provided allows consumers to make efficient transactional decisions.
• Clearly explain any phrases used, such as “fully furnished” or “unfurnished,” and provide detailed information about principal fixtures and fittings. Indicate that a detailed list will be included in the inventory.
• Draw attention to material information in the documentation given to prospective tenants.
• Material information should be provided accurately from the outset, even if the prospective tenant does not specifically request it. Take steps to establish accurate and complete information and communicate it to the tenant.
• Be mindful of space limitations and consider providing more details in property particulars or through web links. However, web links should not obscure essential information.
• Material information includes charges and costs associated with renting the property, property characteristics, condition, availability, terms of the tenancy agreement, any restrictions on use, and any requirements to use specific third-party traders.
• Keep property particulars and marketing materials up-to-date, periodically checking and correcting any inaccurate information.
• Promptly correct any discovered inaccuracies in the information provided, including information displayed by others on your behalf (such as property portals). By following these steps, you can ensure that you gather and provide accurate and clear information to potential tenants, enabling them to make informed decisions about the property.
• Ensure that property descriptions accurately reflect or take into account important factors or information. Avoid describing a property as being in a “quiet area” if it is located above a late-night bar, even if the statement is technically true.
• Use photographs that depict the property and its fixtures accurately, without giving a misleading impression of what is included. Do not alter images to omit problematic features.
• Avoid making broad statements about the condition of the property, such as “immaculate condition” or “recently decorated,” unless they are accurate and apply to the entire property. Similarly, be cautious when making statements about features like double glazing, central heating, or security locks, ensuring that they are not misleading and only apply to relevant parts of the property.
• Do not engage in misleading omissions or banned practices, such as offering a property for rent that cannot be rented due to non-compliance with relevant housing safety standards.
• Avoid engaging in banned practices, such as advertising to tenants that you have properties available at a specific rental rate when you do not have enough properties at that rate to satisfy likely demand.

Information about displaying Costs and Charges

• Ensure that information about charges provided in advertising and promotional material is full, accurate, clear, and not misleading. Disclose all fees that will be charged and avoid gradually revealing additional charges throughout the advertising and negotiation process. Fees of any description are likely to impact the average consumer’s decisi on- making process.
• Present rent and other charges inclusive of VAT, even when the charge is a percentage of something else.
• Accurately describe fees and provide clear information about the nature and extent of the service being provided in return. This helps consumers assess the reasonableness of the fees and make an informed decision.
• Do not impose charges on a tenant or prospective tenant unless they are clearly set out in a contract that the tenant has already agreed to, and the terms being relied upon are fair. By following these steps, you can ensure that information about costs and charges is transparent, accurate, and fair to tenants and prospective tenants.