The National Trading Standards Estate & Letting Agent Team (NTSELAT) published its three-part material information guidance in phases from 2022 to 2024. The guidance specifies which facts about a property must be disclosed in lettings advertisements — covering Rightmove, Zoopla, OnTheMarket, and direct advertising by landlords. The purpose is to reduce the number of tenancy transactions that fall through after the prospective tenant discovers facts about the property that should have been disclosed earlier.
The material information guidance is not limited to NAEA Propertymark or ARLA member agents. It applies to any person who advertises a property to let, including private landlords who list directly on property portals or on their own websites.
Part A: information always required in every listing
Part A material information must be included in every residential lettings listing, regardless of property type or location. The Part A items are:
- Monthly rent: The full monthly rent, clearly stated. Any additional mandatory charges must be disclosed (e.g. service charge or ground rent if the tenant is responsible for these)
- Deposit amount: The deposit figure. For assured tenancies in England, this must not exceed five weeks' rent if the annual rent is below £50,000, or six weeks' rent if above £50,000
- Holding deposit: If a holding deposit is taken, the amount must be stated. The Tenant Fees Act 2019 caps the holding deposit at one week's rent
- Property location: Full address or — where the landlord wishes to keep the street address private — the postcode and street name
- Council tax band: The local authority council tax band for the property
- Number of bedrooms: The stated number of bedrooms
- Property type: For example, terraced house, semi-detached house, purpose-built flat, converted flat, maisonette
- Tenure: Whether the property is freehold or leasehold. For leasehold, the remaining lease length should be included if it is material
- Utilities: Which utilities are connected — gas, electricity, and broadband (including the broadband speed available at the address if known)
Part B: information required where applicable
Part B information must be included in the listing where it applies to the specific property. Items include:
- Non-standard construction: If the property is timber-framed, steel-framed, made of pre-cast reinforced concrete (PRC), or has a thatched roof — this must be disclosed
- Parking arrangements: Whether the property has on-street parking, allocated off-street parking, a garage, or no parking
- Accessibility features: Any features that may affect access — step-free access, lift access, wheelchair adaptations
- EPC rating: The Energy Performance Certificate rating must be included. If no EPC exists (e.g. a listed building with an EPC exemption), the exemption must be noted
- Flood risk: If the property is in a flood risk area as defined by the Environment Agency's flood risk maps, this must be disclosed
- Mining or subsidence risk: If the property is in a known coal, tin, or brine mining area, or if the land is affected by known subsidence
- Japanese knotweed: If Japanese knotweed is present or has been treated within the last five years on or adjacent to the property
Part C: relevant facts specific to the property
Part C covers property-specific material information that a prospective tenant would reasonably want to know. This is the most context-dependent category — it requires landlords and agents to exercise judgment about what a reasonable tenant would consider material in the circumstances. Examples include:
- Restrictive covenants affecting use of the property or garden (e.g. no commercial use, no alterations)
- Rights of way or easements over the property that affect quiet enjoyment
- Proximity to a flight path, known infrastructure development, or planned road construction
- Previous history of significant flooding of the property itself (not just flood-risk designation)
- Shared access arrangements — if the tenant must cross a neighbour's land to access the property
- Neighbour disputes — particularly any formal dispute recorded at the local authority or tribunal level
- Whether the property has been affected by unsafe cladding or has outstanding building safety remediation
Failure to disclose material information that a prospective tenant would want to know — and that a landlord knows or ought to know — can constitute a misleading omission under the CPRs. This is a criminal offence punishable by an unlimited fine or up to two years' imprisonment. Trading Standards authorities have prosecuted letting agents and landlords for CPR breaches.
Portal requirements and enforcement
Rightmove, Zoopla, and OnTheMarket have all updated their listing requirements to reflect the NTSELAT material information guidance. In practice:
- Mandatory fields: The major portals require Part A information to be completed before a listing can be submitted. Part B and C information may be prompted via checklist questions during the listing submission process
- Listing removal: A listing that omits mandatory information may be suspended or removed by the portal until the information is provided
- Private landlord listings: Landlords who list directly on Rightmove (via landlord direct) or on SpareRoom, OpenRent, or Gumtree are subject to the same material information obligations as agent-listed properties
- Trading Standards investigation: Local Trading Standards teams can investigate complaints about non-disclosure and can refer cases to NTSELAT for enforcement action against persistent offenders
Practical steps for landlords
- Obtain an up-to-date EPC before advertising. An EPC is required by law before a property can be marketed for let and must be provided to prospective tenants on request
- Check the council tax band on your local council's website or the Valuation Office Agency website — do not rely on the previous tenancy's rent demand
- Run a flood risk check on the Environment Agency's flood map for planning (free, online) — if the property is in Flood Zone 2 or 3, this is Part B material information
- Review the title register on HM Land Registry for any restrictive covenants or registered rights of way that might affect the tenant's use and enjoyment of the property
- Check for Japanese knotweed — if you are unsure, commission a knotweed survey before listing. Failure to disclose known knotweed is a material omission
- Update your standard listing template to include all Part A fields as defaults, with prompts for Part B and C information specific to each property
The LetSafe Periodic Assured Tenancy Starter Pack (LS-E-001) is pre-formatted to assist with pre-tenancy disclosure obligations. It includes a pre-tenancy information checklist aligned with the NTSELAT material information framework.