Powys, the local authority taking over the regulation of UK estate agents from midnight tonight, is advising agents that the “safest option” is not to mention whether a house for sale is next door to an abattoir or nightclub.
On its website, Powys Trading Standards has an article advising estate agents about their responsibilities under the Consumer Protection from Unfair Trading Regulations 2008.
It includes this: “If a house has open fields on three sides and an abattoir or nightclub on the fourth, the safest option is not to refer to the outlook.” It goes on: “If the fourth side was of such importance to the average consumer it may be a misleading omission not to mention it.”
However, experts we have spoken to say this is wrong and that agents have an unequivocal duty to reveal something as material as the proximity of a nightclub or abattoir, or risk prosecution.
It also apparently contradicts the OFT’s official guidance, which is that agents must not leave out “important information that consumers need to make informed decisions”, including whether to decide to view a property.
It spells out that agents must not leave out or hide important information, and should “avoid misleading by omission”. It goes on to say that agents must not fail to disclose the property’s main characteristics to a prospective viewer, including its location.
Meanwhile, Powys County Council has said that it ready to take over responsibility for the regulation of all UK estate agents.
It is handed the duty from tomorrow, when the OFT goes out of existence.
As well as the enforcement of estate agents – both individuals and firms – Powys will also have responsibility for approving and monitoring consumer redress schemes, including The Property Ombudsman and Ombudsman Services.
Powys, together with Anglesey’s trading standards service, won a three-year contract to operate the National Trading Standards Estate Agency Team and was one of six bidders.
Powys Council’s Rheolwr Cyfathrebu (communications manager) John Evans said that officers of the authority had been seconded to the OFT for the last three months to prepare for the handover.
The team will consist of three members of staff, and he said that a smooth handover is expected.
“We anticipate that it will be a seamless transition, although we are mindful that the additional media interest has added to the team’s workload,” he said.
Decisions on estate agents, including bans from working in the industry, will be entered on to a public register, which he said will be made available on the Powys County Council website soon.
He also confirmed that Powys is taking on a number of enforcement cases already in progress.
Cllr John Powell, cabinet member responsible for Trading Standards at Powys, said: “This was a competitive process with six trading standards services bidding to deliver this important enforcement role.
“Our bid, which was support by the Welsh Heads of Trading Standards Group, was assessed against the other bids and proved to be successful.
“We recognise our success in bringing in this function and it will enhance the reputation of the council. We want to develop this project further with Powys becoming a centre of excellence for the UK on estate agency enforcement matters.”
The incoming National Trading Standards Estate Agency Team can be reached on estate.agency@powys.gov.uk
Powys’s online advice about CPRs is here:
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