What is material information?
- Material information is information that a consumer needs to make an informed decision about whether to view, apply for, or enter a tenancy on a property. Failing to disclose material information in a property listing may constitute a misleading omission under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs)
- National Trading Standards (NTS) Estate and Letting Agency Team published its material information guidance in three parts (Parts A, B, and C) between 2022 and 2023 — requiring property portals and agents to ensure key facts appear in listings
- Property portals (Rightmove, Zoopla, OnTheMarket) have integrated material information requirements into their listing upload tools. From May 2025, incomplete material information fields may result in listings being rejected, flagged, or removed
- The obligations apply to the letting agent (or landlord, if self-managing) as the trader placing the advertisement. A landlord instructing an agent to list the property should ensure the agent has all the required information
- Misrepresentation or omission of material information in a tenancy listing can also support a prospective tenant's claim for damages or contract rescission under general misrepresentation law
Part A — mandatory minimum information
- Part A information must appear in every property listing: property type (house, flat, maisonette); number of bedrooms; number of bathrooms; tenure (freehold/leasehold for owner-occupied context — for lettings: the tenancy type and term); the asking rent; council tax band
- Price per person (for HMO room lets) and whether bills are included must be clearly stated — advertising a room at £650 pcm when that excludes £150 of bills is misleading
- Property portals have made Part A fields mandatory on their listing upload forms — a listing cannot go live without these fields completed
- For landlords listing directly (Gumtree, Facebook Marketplace, SpareRoom) without an agent, the same material information obligations apply under the CPRs. The platform is not responsible for advertiser compliance
- Failure to include Part A information is the most common NTS compliance failure for residential lettings — particularly the omission of council tax band (which can significantly affect the true cost of a tenancy)
Parts B and C — property-specific and building-specific information
- Part B covers property-specific information that may not apply to every listing but must be disclosed if present: restrictive covenants affecting the use of the property; flood risk (from any source — river, surface water, groundwater, sea); planning permissions or proposals affecting the property; building safety issues (cladding, structural defects); Japanese knotweed
- Part C covers building-specific information for leasehold flats and houses: service charge (estimated annual amount); ground rent (if any, after the Leasehold Reform (Ground Rent) Act 2022 restrictions); length of lease remaining; property management company details
- Landlords letting a leasehold flat must be particularly careful on Part C — omitting service charge estimates or lease length is a common material information failure that can affect tenants' decisions to apply
- Building safety: properties in multi-storey blocks must disclose known building safety issues. The Building Safety Act 2022 regime requires remediation of qualifying defects in high-rise buildings — disclose the building's compliance position
- Flood risk: check the current flood risk classification at the Environment Agency's Flood Map for Planning. A property in flood zone 2 or 3 must disclose this — even if it has never flooded, the risk is material to a prospective tenant
Practical checklist for landlords
- Before instructing an agent or listing directly, prepare: property type and configuration; exact bedroom and bathroom count; current council tax band (check the Valuation Office Agency register); EPC rating and certificate number; tenure information; any restrictive covenants, flood risk, planning issues, or Japanese knotweed
- For leasehold flats: obtain from your managing agent the most recent service charge schedule, ground rent position, and current lease term in years. Ensure your letting agent has this before listing
- When listing through a portal via an agent: confirm the agent has uploaded all Part B and Part C fields where applicable. Ask for a preview of the listing before it goes live
- For HMO room lets: ensure the listing specifies whether the room price includes bills, and whether bills are capped
- For self-managed landlords: use Rightmove, Zoopla's direct-to-landlord tools or OpenRent — all require material information fields. Compliance with the CPRs falls on you as the advertiser