What is the Property Misdescriptions Act 1991 and how does it impact Landlords?

Being a landlord comes with its own set of challenges and responsibilities. One such responsibility is ensuring that your property descriptions are accurate and truthful. Failure to do so can result in legal repercussions. This is where the Property Misdescriptions Act 1991 comes into play. In this article, we will explore what this Act is, how it affects landlords, and what steps you can take to ensure compliance.

What is the Property Misdescriptions Act 1991?

The Property Misdescriptions Act 1991 is a piece of legislation that makes it illegal for property descriptions to be misleading or inaccurate. This applies to all forms of communication, including advertisements, brochures, and verbal communication.

The Act requires that any property description must be accurate and not contain any statements that are false, misleading or deceptive. This includes information about the property itself, its location, and any services or facilities that are available. Failure to comply with the Act can result in legal action being taken against the landlord.

Free Landlord Resources

Free Instant Valuation

See how much your property could get in rent.

Fee Saving Calculator

See how much you could save on property fees.

Yield calculator

Calculate your rental yield with our simple tool

Compliance checklist

Make sure your buy-to-let property remains legal.

Compliance Guide

Download your complete landlord compliance guideĀ 

How does the Property Misdescriptions Act 1991 affect landlords?

The Property Misdescriptions Act 1991 places a legal responsibility on landlords to ensure that all property descriptions are accurate and truthful. This means that landlords must take reasonable steps to verify the information they provide about their properties.

Landlords must ensure that their property descriptions are not misleading or inaccurate. This includes ensuring that any photographs or videos used to promote the property accurately represent the property itself. Any claims made about the property, such as its location or size, must be backed up by evidence.

The Act also requires landlords to ensure that any information provided about the services and facilities available at the property is accurate. For example, if a landlord claims that a property has access to a communal garden, they must ensure that this is true.

FAQs

What are the penalties for breaching the Property Misdescriptions Act 1991?

Breaching the Act can result in legal action being taken against the landlord. This can result in fines, compensation claims, and even criminal charges in serious cases.

Does the Property Misdescriptions Act 1991 only apply to landlords?

No, the Act applies to all parties involved in property sales and lettings, including estate agents and property developers.

Can landlords be held responsible for inaccurate descriptions provided by estate agents?

Yes, landlords can be held responsible for inaccurate descriptions provided by estate agents. Landlords have a legal responsibility to ensure that any property descriptions used to promote their property are accurate and truthful.

How can landlords ensure compliance with the Property Misdescriptions Act 1991?

Landlords can ensure compliance by taking reasonable steps to verify the information provided in their property descriptions. This includes checking the accuracy of any photographs or videos used to promote the property, and ensuring that any claims made about the property are backed up by evidence.

Conclusion

The Property Misdescriptions Act 1991 places a legal responsibility on landlords to ensure that their property descriptions are accurate and truthful. Failure to comply with the Act can result in legal action being taken against the landlord. By taking reasonable steps to verify the information provided in their property descriptions, landlords can ensure compliance with the Act and avoid legal repercussions.

Free Landlord Resources

Free Instant Valuation

See how much your property could get in rent.

Fee Saving Calculator

See how much you could save on property fees.

Yield calculator

Calculate your rental yield with our simple tool

Compliance checklist

Make sure your buy-to-let property remains legal.

Compliance Guide

Download your complete landlord compliance guideĀ 

Meet Sam your local Expert

Sam has a wealth of experience across the private landlord and Build to Rent sectors. He has advised a wide range of clients across the whole of London on how to find great tenants, improve their assets and effectively market their properties for the best returns.

Our Trusted Partners

As Featured on