Material information in property listings: what UK letting and estate agents must disclose now the NTSELAT guidance is withdrawn
Letting and estate agents must give buyers and tenants the material information they need to make a decision about a property. Since 6 April 2025 that duty sits in the Digital Markets, Competition and Consumers Act 2024 (Part 4, unfair commercial practices), which replaced the Consumer Protection from Unfair Trading Regulations 2008. Leaving out material information, or presenting it in a misleading way, is a misleading omission and an unfair commercial practice.
What happened to NTSELAT's Parts A, B and C
The National Trading Standards Estate and Letting Agency Team (NTSELAT) published guidance on material information in three parts (Part A in 2022, Parts B and C in 2023). It was written for the 2008 Regulations, and NTSELAT withdrew it on 8 May 2025 after the 2024 Act took over. New guidance is expected. The duty itself did not go away, and the industry generally treats the three parts as a sensible checklist in the meantime.
What the checklist covered
- Part A: price or rent, council tax band or business rates, and tenure.
- Part B: what every property needs: property type and construction, number and type of rooms, utilities (electricity, water, sewerage, heating, broadband, mobile signal) and parking.
- Part C: what applies to some properties: building safety, restrictions and rights (covenants, rights of way, listed status, conservation area), flood risk and flooding history, planning permission and proposals nearby, accessibility, and coalfield or mining area.
Who enforces it
The Competition and Markets Authority can now enforce consumer law directly, including fines of up to 10% of global turnover, without first going to court. Trading Standards can also take action through the courts.
How Certaby helps
The property risk pack (EPC and postcode checks) gives you two of the facts most often missing from listings, for the postcode:
- Flood risk: the Environment Agency flood zone for rivers and the sea at the postcode centre, and any current flood warnings nearby.
- EPC and MEES: the EPC rating and whether the home meets the minimum energy standard for letting.
It also returns Police.uk recorded crime for the area. Mining, radon, contaminated land and knotweed are not covered: use your usual property searches or the owner's answers on the property information form. The facts only the owner knows (lease length, ground rent, service charge, building safety, flooding history) need to come from them at instruction.
Run the property pack on its own or inside a Letting or Property sale transaction; current prices are on /pricing. For a portfolio, ask about bulk at /bulk.
Source: Propertymark: Material Information guidance withdrawn as the DMCC Act takes over
Last updated 2026-10-02.