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News: OFT slated by property lawyer over guidance to agents

Thu, 24 Oct 13

The OFT, currently consulting on its proposed guidance to letting agents and landlords as to how to stick to the law, has gone beyond its remit.

And its understanding of the law is quite simply wrong at times.

This is the view of leading specialist lawyer David Smith, of Anthony Gold.

As one example, he says that the OFT fails to understand that a reference undertaken by a letting agent does not belong to the tenant.

Smith also says that the guidance on HMOs (Homes in Multiple Occupancy) is “poorly written and essentially incorrect”.

As for wording of the guidance on letting agents’ fees charged to tenants, Smith slates this as “simply silly”.

Smith also rejects arguments – as put by the NAEA and TPO – that prospective tenants must be told about previous occupants who have committed suicide or died. Tenants, he says, might like to know, but they do not have to be told.


See also: Homes in Multiple Occupancy in our Letting Guide for Landlords

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