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Confusion reigns after property information guidance withdrawn

Language: English Publication details: Legal Futures, 12 May 2025Subject(s): Online resources: Summary: The development of guidance on material information by National Trading Standards (NTS) was based on supporting estate and letting agents to meet their legal obligations under Consumer Protection from Unfair Trading Regulations 2008. These regulations have since been superseded and replaced by the new Digital Markets, Competition and Consumers Act 2024. In light of this, the NTS guidance on material information for estate agents and letting agents has been withdrawn however the detail with regard to specific property related matters is not in the DMCCA hence confusion around the exact implications of this withdrawal. The change puts MI within the remit of the Competition and Markets Authority (CMA), which has published broad guidance on its approach to consumer protection under the Act but nothing specific about property. Its enforcement powers are considerably stronger than those of NTS.
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The development of guidance on material information by National Trading Standards (NTS) was based on supporting estate and letting agents to meet their legal obligations under Consumer Protection from Unfair Trading Regulations 2008. These regulations have since been superseded and replaced by the new Digital Markets, Competition and Consumers Act 2024. In light of this, the NTS guidance on material information for estate agents and letting agents has been withdrawn however the detail with regard to specific property related matters is not in the DMCCA hence confusion around the exact implications of this withdrawal.

The change puts MI within the remit of the Competition and Markets Authority (CMA), which has published broad guidance on its approach to consumer protection under the Act but nothing specific about property. Its enforcement powers are considerably stronger than those of NTS.