Leasing & Letting

Question 1

What is the Consumer Protection from Unfair Trading 2008?

Answer 1

This relates to Business to Consumer (being the client / prospective client)

It applied throughout the entire leasing / sale process

These regulations offer broader, non-specific consumer protection for estate agents. They are principle based.

Question 2

Who policies the Consumer Protection from Unfair Trading Regulations 2008?

Answer 2

Trading Standards Officer

Question 3

What is the maximum penalty for breach of CPR’s?

Answer 3

Unlimited fine
Prohibition order
2 yr imprisonment

Question 4

What is the misrepresentation act 1967?

Answer 4

Relates to the misrepresentation or misstatement made by a party during pre-contractural enquiries which might induce a party to purchase

Question 5

What are the differences between CPR and Misrepresentation Act?

Answer 5

Misrepresentation Act:

• civil offence, not criminal
• only applies during pre-contractual period
• can be sued

CPR:

• criminal offence (unlimited fine / prohibition order, 2 years imprisonment)
• applied during the entire agency sales / letting process

Question 6

What does the Town and Country Planning Regulations 2007 state about marketing?

Answer 6

1. Planning consent for non-resi boards over 2 sq m (flat) / 2.3 sq m (V board)
2. One board per building - must have owners consent
3. Must not project more than 1m or be above 4.6m from ground
4. Also need planning for illuminated boards / listed buildings / conservation areas
5. Must be removed after 14 days of completion