{"id":685,"date":"2015-01-15T14:36:32","date_gmt":"2015-01-15T14:36:32","guid":{"rendered":"https:\/\/www.riaabarkergillette.com\/uk\/?p=395"},"modified":"2024-11-19T20:08:42","modified_gmt":"2024-11-19T20:08:42","slug":"consumer-protection","status":"publish","type":"post","link":"https:\/\/www.riaabarkergillette.com\/uk\/consumer-protection\/","title":{"rendered":"Consumer protection"},"content":{"rendered":"\n

Amendments made to the Consumer Protection from Unfair Trading Regulations 2008<\/a> mean that from 1 October 2014, consumers who are victims of misleading or aggressive practices can use these regulations for redress.<\/p>\n\n\n\n

The redress rights only apply to a contract or payment for the sale or supply of a product made after 1 October 2014. <\/p>\n\n\n\n

The definition includes a tenancy or service contract between a trader and a consumer, and there must have been a \u201cprohibited practice\u201d.<\/p>\n\n\n\n

The definition of \u201ctrader\u201d is broad and covers someone acting for the purposes of their business, trade or profession. Therefore, the definition can cover buy-to-let landlords. However, the redress rights do not apply to sales or purchases of real estate, social housing or lettings falling outside of Part 1 of the Housing Act 1988<\/a>.<\/p>\n\n\n\n

So what is a \u201cprohibited practice\u201d?<\/h3>\n\n\n\n

The regulations define a \u201cprohibited practice\u201d as an act, omission, course of conduct, or representation that is either \u201cmisleading\u201d or \u201caggressive\u201d. Misleading can include situations where the information is factually correct, but the overall presentation would mislead the average consumer. <\/p>\n\n\n\n

This prohibited practice must be a significant factor in the consumer\u2019s decision to enter into the contract. This will differ on the individual circumstances of each case.<\/p>\n\n\n\n

How do the consumer protection changes affect landlords?<\/h3>\n\n\n\n

The rights of redress could increase void periods if tenants seek to determine tenancy agreements under these powers. They could also bring potential negligence claims against agents. Therefore, ensuring not only the tenancy agreement itself is properly explained to the tenant and information given, but that any agent acting on the landlord’s behalf to market and tenant the property are acting in the same way.<\/p>\n\n\n\n

Businesses already operating in the private rented sector should know their consumer protection duties. They should<\/p>\n\n\n\n