Landlord’s intention to sell obligations

I have recently seen an increase in complaints by tenants alleging that the letting agent was aware of their landlord’s intention to sell the property but had neglected to make them aware of these intentions. Obviously, many tenants would not wish to rent a property if they knew that they may be faced with uncertainty as to a new owner’s plans. If faced with such a situation, an agent will appreciate that they need to ensure that they comply with the Consumer Protection from Unfair Trading Regulations 2008, which places an obligation on them to disclose any material information to a consumer. If a landlord client tells an agent that they will be placing the property on the rental market but are also intending to sell, it would be sensible to advise them that a potential tenant must be told of the situation to allow the tenant to make an informed choice as to whether to proceed with a tenancy. Furthermore, the TPO Code of Practice obliges agents to ensure that, while their duty and obligations are to their client landlord, applicants and tenants are regarded as consumers and customers and are treated appropriately, which I consider encompasses an obligation to be treated fairly and in accordance with best practice, with the disclosure of all relevant information. ‘Many tenants would choose not to rent a home if it was up for sale.’…

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