The regulations around the rights of renters and responsibilities of landlords have changed this May in England. See here for more information: Guide to the Renters’ Rights Act - GOV.UK. The Act applies in England only; advertisers should note that different legislative requirements apply in other parts of the UK.
Don’t cut corners
The rules in Section 3 (Misleading Advertising) of the CAP Code apply across all sectors and to all marketing communications covered by the CAP Code. Omitting material information which is likely to affect a consumer’s transactional decisions may be considered misleading by the ASA.
Marketers in this area should familiarise themselves with the applicable legislation and, where necessary, seek independent legal advice to ensure compliance with their legal obligations.
Pet Potential
Advertisers should make sure ads don’t imply anything that might breach the new rules – the act requires landlords to, for example, consider a tenant’s request to bring a pet and says they should not discriminate against those with children or people who receive benefits.
Aside from that, landlords and agents should ensure they’re familiar with ASA rulings and guidance around property rental advertising.
Open doors with the right price
The pricing rules in Section 3 of the CAP Code apply across all sectors and marketing communications covered by the Code. Price statements must not mislead by omission, undue emphasis or distortion and quoted prices must include non-optional taxes, duties, fees and charges that apply to all or most buyers.
The legislation says that written property ads will have to include a specific price (rent). There are also some legal limitations on what can be charged to tenants for rental properties and marketers should ensure that they check the relevant legislation and seek legal advice in relation to what fees may be charged to tenants.
You can find more in-depth advice, including examples of ASA investigations, in our Property: Fees and VAT and Property: Letting agents guidance.
Part buy, part rent, full clarity
Ads shouldn’t exaggerate the level of ownership and, although not all the associated risks need to be included in advertising material, those that are material to a decision to participate in a shared ownership scheme should be clear. Potential participants shouldn’t be rushed into a decision via a promotional offer, either. You can find analysis of the ASA’s rulings on this type of ad in the following guidance: Property: Shared Ownership.
Hopefully, this article has given you the keys to success. But if you need any more help on individual ads or campaigns, contact Copy Advice.
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