Landlord Material Information UK 2026, Trading Standards Parts A B C Guide

The material information framework is not new legislation — it is a clarification of existing obligations under the Consumer Protection from Unfair Trading Regulations 2008, which prohibit unfair commercial practices including omitting material information that a prospective tenant would need to make an informed decision. Trading Standards, working with the National Trading Standards Estate and Letting Agent Team (NTSELAT), has issued phased guidance (Parts A, B, C) specifying exactly what information must be disclosed in property listings.

For landlords who market property directly (without an agent), the same obligations apply. You are engaging in a commercial practice when you advertise a rental property, and omitting material information that would influence a tenant's decision is an unfair commercial practice under the CPRs, regardless of whether a letting agent is involved.

What is material information?

Material information is any fact that would influence a prospective tenant's decision to take a tenancy:

Under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), a commercial practice is unfair if it omits material information that a typical consumer needs to make an informed transactional decision. For lettings, that means information that affects whether a tenant would take, or pay a particular rent for, a property
The Trading Standards / NTSELAT guidance (Parts A, B, C) specifies the minimum standard. If information is listed as required material information and is not disclosed upfront, a landlord or agent risks a CPR prosecution, Trading Standards investigation, or portal listing rejection
Material information must be disclosed at the point of first marketing, i.e., in the property listing itself, not merely on request or at referencing stage
The obligation applies to lettings of residential property in England and Wales. Trading Standards guidance in Scotland and Northern Ireland differs; landlords in those jurisdictions should check local guidance
Misleading or incomplete information in a listing is not just a regulatory risk — it can damage landlord reputation and cause tenants to withdraw (often at the landlord's cost) when undisclosed facts emerge at referencing or inspection

Part A — minimum material information (always required)

Part A must be included in every residential letting listing in England:

Tenure: must state that the property is offered as a tenancy (not freehold sale). For landlords this is typically straightforward but must be explicitly stated
Council tax band: the current council tax band must be disclosed. If the property is a new build or has recently been altered (affecting banding), state the applicable band or that banding is pending
Rent: the monthly rent (or weekly rent for periodic weekly tenancies) must be clearly stated. Additional required charges (e.g., garage or parking separately) must be itemised
Deposit amount: the deposit required must be stated. Under the Tenant Fees Act 2019, security deposits for tenancies in England are capped at 5 weeks' rent (or 6 weeks if annual rent exceeds £50,000). Landlords must not advertise a deposit above the legal cap
Property type and number of bedrooms: the property type (e.g., terraced house, ground-floor flat) and number of bedrooms must be stated accurately. Mislabelling (e.g., calling a room a 'bedroom' when it does not meet habitable room standards) risks both CPR and licensing issues

Part B — conditional material information (required where applicable)

Part B information must be disclosed where it applies to the property:

Physical characteristics: information about the property's physical state that a tenant would need to know, including: (i) whether the property is a leasehold flat or maisonette and if so the length of the unexpired lease; (ii) whether there are significant known structural issues, damp, or defects; (iii) whether the property is listed or in a conservation area (affecting what the tenant can do)
Restrictions and covenants: any restrictions on use (e.g., no pets clauses in head leases, no sub-letting provisions, no running a business) that would affect a tenant's use of the property must be disclosed upfront rather than buried in the tenancy agreement
Flood and erosion risk: for properties in flood risk areas (Zone 2, 3 or with a history of flooding), this must be disclosed. The Environment Agency flood map is the standard reference. Failure to disclose flood risk is a frequent CPR complaint
Planning or development: any known planning permission granted near the property that would significantly affect its use or value (e.g., a development site adjacent to the garden) is material information
Utilities and services: the type of heating (gas central heating, oil, electric, heat pump), whether mains gas is available, and the EPC rating must all be disclosed. The minimum EPC rating for a let property in England is E (as at 2026)

Part C — additional material information (required where relevant)

Part C covers factors specific to certain property types or locations:

Building safety: for flats in buildings over 11 metres (approximately 5 storeys), the status under the Building Safety Act 2022 must be disclosed, including whether a remediation notice or order has been issued and whether the property is subject to any building safety charge
Coalfield or former industrial land: properties in areas subject to coal or mineral extraction, or on former industrial land, may have subsidence risk. If known, this must be disclosed
Japanese knotweed: if the property or adjacent land is affected by Japanese knotweed, this is material information. Failure to disclose can result in compensation claims from tenants as well as CPR liability
Ground rent (leasehold flats): for leasehold flats, the current ground rent amount, review mechanism, and whether ground rent exceeds £250 per year (or £1,000 in London) — a 'regulated' lease test — must be disclosed. High ground rent can make properties difficult to mortgage and re-let
Known disputes: any ongoing neighbour disputes, boundary disputes, or disputes with management companies that a reasonable tenant would want to know about before taking a tenancy should be disclosed. These can constitute material information under the CPRs

Rightmove, Zoopla and portal requirements

Property portals now enforce material information at listing stage:

Rightmove has made Parts A and B mandatory for all residential lettings listings since May 2024. Listings without this information are rejected or marked as incomplete
Zoopla aligns with the same NTSELAT guidance and requires minimum material information before listings are accepted. Both portals prompt agents and landlords to complete structured data fields covering the required information
OnTheMarket and other portals have adopted comparable requirements. If you advertise through a letting agent, your agent is responsible for ensuring compliance — but as the landlord, you remain liable under the CPRs if you provided incomplete or misleading information to the agent
If you list directly on portals as a private landlord, you must complete all required data fields accurately. Inaccurate information (e.g., overstating room dimensions or omitting a flood risk) can result in your listing being removed and a Trading Standards referral
Social media listings (Facebook Marketplace, SpareRoom) are also subject to the CPRs, even though they are not controlled by portals. Material information obligations apply to all channels through which you market a rental property

Consumer protection penalties and enforcement

The consequences of non-compliance are significant:

Criminal prosecution: breaching the Consumer Protection from Unfair Trading Regulations 2008 is a criminal offence. Maximum penalties are an unlimited fine and/or 2 years' imprisonment for serious cases
Trading Standards investigation: Trading Standards can investigate and prosecute landlords and agents for unfair commercial practices. Investigations are typically triggered by complaints from tenants or by proactive portal monitoring
Civil liability: tenants who entered a tenancy in reliance on misleading or incomplete information can seek to rescind the contract, claim damages for misrepresentation (under the Misrepresentation Act 1967 or in tort), or seek a rent reduction under the Consumer Rights Act 2015
Letting agent liability: if a letting agent markets your property, both the agent and the landlord can be prosecuted for CPR breaches. Instructions you give your agent that lead to an omission (e.g., 'don't mention the Japanese knotweed') do not protect you from liability
Property portal listing removal: portals that detect non-compliant or misleading listings will remove them, causing void periods and lost marketing time. Repeat non-compliance can result in platform bans

Frequently asked questions

Do material information obligations apply to private landlords who don't use a letting agent?+

Yes. The Consumer Protection from Unfair Trading Regulations 2008 apply to any trader engaged in a commercial practice in relation to consumers. A landlord marketing a rental property is engaged in a commercial practice. There is no exemption for private or accidental landlords. The NTSELAT Parts A/B/C guidance was written with agents in mind but the underlying CPR obligations apply equally to landlords who market directly. If you advertise on Rightmove, Zoopla, SpareRoom, Facebook, or any other channel, you are subject to the same material information rules.

What counts as material information for a flat above a commercial premises?+

For a flat above a commercial premises, material information would include: the nature of the commercial use below (e.g., restaurant, nightclub, takeaway — affecting noise and smell); any planning restrictions on the residential use; the EPC rating; whether there is a managing company or freeholder and any known service charge or ground rent; the lease length remaining; and any access restrictions (e.g., no separate entrance, communal entry through commercial premises). If the commercial tenant changes (e.g., from a quiet office to a late-night venue), that change would be relevant but only disclosable if known at the time of marketing.

We didn't know the property was in a flood zone when we listed it. Are we still liable?+

Liability under the CPRs can arise even without deliberate concealment. If information was obtainable (the Environment Agency flood map is publicly available and landlords are expected to check it before marketing) and was not disclosed, Trading Standards may still conclude the omission was an unfair commercial practice. The standard is whether a typical consumer needed that information to make an informed decision — flood risk clearly meets that threshold. The safer approach is always to check the Environment Agency flood map before listing and disclose the flood zone if applicable.

Does Part C building safety disclosure apply to all flats or only tall buildings?+

The Building Safety Act 2022 regime focuses on 'higher-risk buildings' — residential buildings 18 metres or 7 storeys and above. However, NTSELAT guidance on material information recommends disclosure of building safety status for buildings over 11 metres (broadly, 5 storeys). For lower-rise buildings, if there is a known cladding or fire safety issue (even if not in the statutory higher-risk regime), disclosure as part of the general CPR obligation to not omit material information is advisable. If in doubt, disclose — omission creates more risk than transparency.