Prosecution
Practices which we believe contravene the requirements of “professional diligence” contained in the Consumer Protection from Unfair Trading Regulations 2008.
“Professional diligence” means the standard of special skill and care which a trader is reasonably expected to exercise towards consumers, that is:
- Honest market practice in the trader’s field of activity, or
- The general principle of good faith in the trader’s field of activity.
It is our interpretation that in the case of Letting Agents, this could mean compliance with any relevant legislation, the “Guidance on Unfair Terms in Tenancy Agreements” Office of Fair Trading September 2005, and the Codes of Practice of the relevant professional associations.
Regulation 3 of The Consumer Protection from Unfair Trading Regulations 2008 requires traders to exercise “professional diligence”. It also prohibits other unfair commercial practices such as misleading actions, misleading omissions, aggressive practices and those which are specifically listed in Schedule 1 of the Regulations.
Regulations 5 The Consumer Protection from Unfair Trading Regulations 2008 defines misleading actions such as the making of false statements and the provision of factually incorrect information.
Regulations 6 The Consumer Protection from Unfair Trading Regulations 2008 defines misleading omissions e.g. the failure to give any consumer all relevant material information to enable them to make an informed choice.
Schedule 1 (6) (1) The Consumer Protection from Unfair Trading Regulations 2008 makes it a criminal offence to falsely claim to be a member of a professional or trade association.
London Rogue Landlord and Agent Checker
Details of prosecutions and financial penalties are entered into the London Rogue Landlord and Agent Checker on the london.gov.uk website.
