Material information disclosure is one of the most under-addressed compliance obligations for landlords and letting agents. Under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), it is an offence to omit information that a typical prospective tenant would need to make an informed decision. National Trading Standards has published detailed guidance (effective from 2024 onwards, updated for 2026) setting out exactly what must be disclosed, and when, during the lettings process.
Landlords and letting agents must proactively disclose material information at each stage of the letting process — advertising, before viewing, and before offer. Omitting material information is an unfair commercial practice under the CPRs. This is a separate obligation from the PAT agreement, deposit protection, and Right to Rent checks — it applies before the tenancy is agreed.
Part A — Material information at the advertising stage
Part A information must appear in or alongside any listing or advertisement for the property, including on portals such as Rightmove and Zoopla, and on any direct-to-tenant advertising.
- Monthly rent: The actual monthly rent payable. Any rent-free periods or introductory pricing must not mislead as to the ongoing rent
- Deposit amount: The total deposit required. For Assured Tenancies from 1 May 2026, the maximum deposit is 5 weeks' rent (6 weeks for annual rent above £50,000). Overstating the deposit or taking an unprotected deposit remains an offence
- Tenure type: That the property is available to let (not for sale). The tenancy type must not be misrepresented — from 1 May 2026, all new English private residential lettings must be Periodic Assured Tenancies
- Contact details: The landlord's or agent's identity and contact address (a requirement under Section 47–48 of the Landlord and Tenant Act 1985 and good practice for NTS compliance)
Part B — Material information to be disclosed before a viewing
Part B information concerns the physical characteristics of the property and must be available to any prospective tenant before they attend a viewing. Portals increasingly require agents to populate Part B fields; landlords marketing directly must also make this information available proactively.
- Property type and construction: Whether the property is a house, flat, maisonette, bungalow, or other type. The number of bedrooms and bathrooms. Whether the construction is non-standard (non-traditional, BISF steel-frame, timber-frame, concrete panel etc.) — particularly important in areas with significant post-war housing stock
- Utilities and council tax: Which utilities are connected (mains gas, mains electricity, oil, LPG, solid fuel, mains water/sewer or private supply/septic tank). The council tax band. Whether any utility bills are included in the rent
- EPC rating: The current EPC rating and certificate number. From 1 May 2026, the minimum rating to let is EPC Band E (unless a registered exemption applies). The EPC must be a current, non-expired certificate
- Parking and access: Whether parking is available, what type (garage, off-street, on-street permit, no parking), and any relevant access restrictions
- Outdoor space: Whether the property has a garden, courtyard, or terrace, and who is responsible for maintaining it under the tenancy
- Pets: Under the Renters' Rights Act 2025, tenants on PATs have the right to request a pet. Landlords should not advertise a blanket 'no pets' policy as absolute from 1 May 2026 — the policy must reflect the 42-day response obligation
Part C — Material information to be disclosed before an offer
Part C information concerns matters that may significantly affect the desirability or value of the property to a prospective tenant. This information must be disclosed before the tenant makes an offer to rent.
- Flooding risk: Whether the property is in a flood risk area. The Environment Agency's Flood Map for Planning should be checked for any property — and particularly those near rivers, on low-lying ground, or in coastal areas. Surface water flooding risk is also within scope
- Planning and development: Any known planning applications or permissions affecting the property or immediate area that would reasonably affect a tenant's decision — for example, a major development adjacent to the garden, or planning consent for change of use of a neighbouring property
- Restrictive covenants: Any restrictive covenants that would limit the tenant's reasonable use of the property — for example, restrictions on parking commercial vehicles, running a business from the property, or keeping animals. Restrictions that would prevent a tenant from exercising their pet request right under the RRA 2025 should be disclosed
- Property tenure issues: Whether the freehold or leasehold title is subject to any dispute, outstanding works or charges (for leasehold properties: service charge arrears, major works notices under Section 20), or known structural defects
- Building safety: For flats in multi-storey buildings: whether the building is subject to a building safety case under the Building Safety Act 2022, any ongoing cladding remediation, or a current Landlord Certificate requirement
- Known defects: Any known material defects in the property — damp, mould, structural movement, infestation, electrical or gas issues. Disclosing known defects is not just a legal requirement; it is essential evidence in any Awaab's Law enforcement action or disrepair claim that follows
Letting agents and landlord liability
Where a landlord uses a letting agent, both the landlord and the agent may be liable for material information failures. If a letting agent omits material information from an advertisement without the landlord's knowledge, the agent bears primary liability — but the landlord may still face a civil claim from a tenant who relied on an incomplete listing in making their decision. Landlords should check what information their agent is including in listings, particularly Part C information which agents may not proactively gather.
Failing to disclose a known defect — such as recurring damp, a non-functional heating system, or a history of flooding — is both a CPR offence and creates significant exposure under Awaab's Law and the HHSRS. Where a landlord knew about the defect and failed to disclose it, this goes to the reasonableness of any subsequent damages claim. Disclose known defects proactively.
Material information and the Renters' Rights Act 2026 interaction
The RRA 2025 introduces several obligations that intersect with material information requirements. The tenancy agreement itself (now a Periodic Assured Tenancy) must be provided before or at the start of the tenancy. The gas safety certificate, EICR, and EPC must be provided before the tenancy commences (the old How to Rent guide was withdrawn in June 2026 and replaced by the RRA 2025 Information Sheet obligation). Material information disclosure under the CPRs operates upstream of these — it applies during the marketing and pre-offer stages, before any tenancy is agreed.
LetSafe UK's Compliance Checklist (LS-E-130) covers the full pre-tenancy process including material information disclosure, prescribed document service (EPC, EICR, gas safety), Right to Rent checks, deposit protection, and RRA 2025 Information Sheet service. A single checklist that takes you from marketing to move-in without missing an obligation.