Letting agent ‘amnesty’ for not disclosing fees in adverts

AFS Team·12 April 2013·3 min read

Letting agent ‘amnesty’ for not disclosing fees in adverts
Landlords and letting agents have been granted an amnesty over advertising standard rules that could affect how they market their properties.

The Advertising Standards Authority (ASA) has decided not to issue an official ruling over whether non-optional fees that tenants must pay should be shown in adverts.

The issue is whether adverts that do not show letting agent fees for arranging tenancies break the Committee of Advertising Practice (CAP) code.

The agreement on the wait for a ruling was reached when CAP, the Property Ombudsman and some letting agent groups met, but not all letting agent professional groups were party to the talks

Many letting agents are questioning why details of the meeting took two weeks to announce.

The ASA says this is because the statement had to be approved by CAP, and this agreement was delayed over the Easter break.

When The Property Ombudsman wrote to letting agents about the advertising ruling, he explained that a formal group of industry representatives discussed guidelines for how agents should meet the ASA rules on disclosing fees to tenants.

A press release was issued at the same time, stating that CAP provided guidance before the meeting which will now be further developed following the discussions. The consultation had raised issues such as the need to specifically address how internet adverts could be brought under the scope of guidance, and the need for clear and relevant advice with examples.

The need to finalise the guidance “promptly” was also appreciated by CAP, the press release added.

The original ruling followed a complaint about adverts by letting agents Your Move that did not disclose extra fees tenants would have to pay to arrange letting a home on top of the monthly rents to landlords.