The Digital Markets, Competition and Consumers Act 2024 reformed UK consumer-protection law and introduced new duties on traders—including estate and letting agents—not to omit or obscure information that an average consumer needs when making a purchasing decision. These unfair-commercial-practices provisions replaced the Consumer Protection from Unfair Trading Regulations 2008.
What the regime is
Under the DMCC Act 2024, traders may not engage in practices that omit or hide material information. Material information is information that the average consumer needs, according to the context, to make an informed transactional decision. For estate and letting agents, this means that property listings and marketing materials may need to include certain key details that prospective buyers or tenants would reasonably expect to see.
The Competition and Markets Authority (CMA) gained direct consumer-enforcement powers under the Act, and this enforcement regime has been live since April 2025. In addition, National Trading Standards is rolling out material-information guidance in phases to help agents understand what might be considered material in the property context.
What is changing
The practical effect for agents is that the previous legal framework—the Consumer Protection from Unfair Trading Regulations 2008—has been replaced by the DMCC Act's unfair-commercial-practices regime. While the underlying principle (fairness to consumers) remains broadly similar, the enforcement landscape has shifted: the CMA now has the power to take direct enforcement action, and National Trading Standards is providing sector-specific guidance.
National Trading Standards is implementing the material-information framework in phases. Part A of the guidance addresses material information that agents may wish to consider including in all property listings. Later phases are expected to cover additional topics such as restrictive covenants and flood risk. Agents may wish to monitor the National Trading Standards Estate Agency Team pages for updates as new phases are published.
Who is affected
The material-information duties apply to all traders, including estate agents and letting agents operating in the UK. Whether an agent handles sales, lettings, or both, and whether they operate online, from high-street premises, or through a hybrid model, the Act's consumer-protection provisions are likely to be relevant. The regime is not limited to residential property; commercial agents may also wish to verify how the provisions apply to their particular practice.
Suggested approaches readers may wish to consider
Given the phased roll-out and the CMA's live enforcement powers, agents often choose to take the following steps:
- Review current listing templates and marketing materials to identify any information that prospective buyers or tenants might reasonably need but which is currently omitted or presented in a way that is difficult to find.
- Consult the National Trading Standards guidance on material information as each phase is published. One suggested approach is to cross-reference your standard listing practices against Part A and any subsequent guidance, and adjust templates accordingly.
- Keep records of what information was provided and when. In the event of a complaint or enforcement inquiry, documentation may help demonstrate that an agent took reasonable steps to comply with the material-information duties.
- Train front-line staff and portal administrators so that everyone involved in creating or uploading listings understands which details may be considered material and how to present them clearly.
- Monitor CMA enforcement updates. The CMA publishes case outcomes and guidance; agents may wish to review these periodically to understand how the regime is being applied in practice.
Because the material-information concept is fact- and context-sensitive, agents may also wish to consult a solicitor if they are uncertain whether a particular detail must be disclosed in a given listing.
Where to verify
Readers are encouraged to verify all details directly against the official sources before taking any action:
- The primary legislation: Digital Markets, Competition and Consumers Act 2024
- Sector-specific guidance and phased implementation updates: National Trading Standards – Estate Agency Team – Material Information
Watchdog HQ is an information and awareness service, not legal advice and not a solicitor. The points above represent suggested approaches that agents often consider; they are not instructions or legal requirements as interpreted by Watchdog HQ. Always verify the current state of the law and seek professional legal advice for your specific circumstances.
Sources
- Digital Markets, Competition and Consumers Act 2024
- National Trading Standards – Estate Agency Team – Material Information
Verify the detail against the linked source before acting.