Free trial Sign-up

Please leave your name and email and we'll be in contact shortly.



Contact Number


Please complete the sum:        
32 + 6 =

Case Study: Noise issue could cost agent £9000

13th January 2019

Our latest case study come from a recent news item to have hit the industry and national press.

A disgruntled tenant is claiming £9,000 in damages from an agent and landlord who, in his litigation, he claims rented him a flat with an excessive noise issue.

The tenant had advised the agency that he suffered from Post-Traumatic Stress Disorder (PTSD) and specifically requested a quiet property.

Despite expressing concerns about the ground floor flat he moved in but found that the noise levels were a problem.

He was being woken up at 2am by neighbours upstairs and by the nearby London Underground.

He moved out after 10 days claiming he could not live nor work from the flat.

The case is ongoing with no decision as yet but brings into focus again the issue of providing sufficient information to prospective tenants and purchasers to enable them to make informed decision; known as material information.

Under the Consumer Protection from Unfair Trading Regulations it is the responsibility of landlords, vendors and agents to provide material information up front. Failure to do so could result in fines and reputational damage.

Whatever the rights and wrongs of this individual case, it is important that agents understand that material information is subjective and therefore it is important to not only establish as much relevant information up front from the vendor/landlord at the outset, but also to be establishing from tenants and purchasers what their own requirements are.

The practical advice is to err on the side of caution and be proactive. As with all compliance activity, it is important to establish a process for asking the right questions and evidencing your activity.

If you do have complaints raised, it is important to be able to demonstrate how you asked the questions and document all responses.



Why not take it a step further? Have your vendors complete the solicitor’s Property Information and Fixtures & Fittings Forms (and Leasehold Form if relevant) at the outset to enable you to provide full disclosure, and help them get a step closer to being ‘contract ready.’ Instruct a solicitor at instruction and have the contract ready to go once an offer is accepted.

Compliance in a Box from Landmark is the simple pay-as-you-go compliance toolkit.

Make sure you are asking the right questions of your clients, and documenting their response. Compliance Packs help agents fulfil their obligations under CPRs and AML. From one account you can get:

  • Electronic property information questionnaire & fixtures & fittings form for CPRs
  • Electronic client verification for AML inc PEPs, Sanctions & Checks
  • Land Registry ownership & boundary confirmation
  • Foreign national checks… and more

with a complete time and date stamped audit trail of all compliance activity.

Contact Samantha Peacock at Landmark today to try Compliance in a Box in 2019.   01524 220013/sam.peacock@landmark.co.uk

The client and experts view...

  • thumb1
Latest newsspeech Bubble

System Maintenance

Please be aware that we are performing some system maintenance this weekend. We don’t anticipate that this will result in any downtime of our services, but we apologise if it does cause any inconvenience

Government Confirms New Regulations and Qualifications for Estate Agents Will Happen

The government has accepted the proposals of the Regulation of Property Agents (RoPA) with wide-spread consequences for estate and letting agents.

The proposals reach right into the heart of the industry to affect regulation, training and licensing.



Fears of Tougher Regulations and Unjust Costs Mount Ahead of Government Announcement

Estate Agents are waiting for the big reveal on Monday after Lord Best has admitted some firms could close when the regulation of property agents (ROPA) makes its recommendations to the Government early next week.

Lord Best, the chair of ROPA, has already outlined the working group’s desire for more regulation.


[NEWSFLASH] Agent Charged DOUBLE Over AML Registration Mistake

Property Industry Eye (PIE) has highlighted the case of an estate agent who has fallen foul of HMRC and been charged double.

On 4th April, with plenty of time to spare, Hayman-Joyce renewed their annual HMRC registration. They paid the fee and thought they’d ticked all the boxes.


Compliance in a Box: The Natural Remedy for Your AML Headache

Estate agents around the country are realising that the new 5th AML Directive goes deep. There’s a lot of work involved in becoming compliant. And the penalties for non-compliance, either deliberately or through confusion, are severe. (more…)

newsletter sign-up

Sign up for our e-newsletter

Email Address

trial sign-up

Click the Apply button opposite to use our software on a trial basis...

  • etsosnews

  • etsosnews

  • Linkedin Twitter Facebook
    This site uses cookies. Find out more about this site’s cookies.