“Price on application” property listings deemed unlawful

The NTSELAT is the lead enforcement authority for the purposes of the Estate Agents Act 1979 and the Tenant Fees Act 2019. It is primarily responsible for the regulation of estate agency work in the UK and letting agency work in England.

It said it was asked by industry to provide a view on the use of POA as part of the ongoing process to improve the disclosure of material information on property listings.

On 5 May, it published its opinion that the use of POA in relation to listings either on property portals or an agent’s website “is likely to be misleading”.

It said POA is likely to be “misleading” in withholding, or sometimes masking, the asking price from consumers.

According to NTSELAT, the property’s price needs to be known by the average consumer in order to make “an informed transactional decision”, in enquiring about the property, conducting further research, or arranging a viewing.

NTSELAT also said the Competition and Markets Authority (CSA) “also confirmed” that a POA approach “is likely to mislead by omission”.

James Munro, senior manager of NTSELAT, said: “I am pleased to be able to provide a clear position that the use of ‘POA’ or ‘price on application’ in property listings is unlawful.

“I am grateful to colleagues, the CMA and legal experts for their input and we hope this clarity will be helpful for property portals and agents as they prepare their listings.

“This position will form part of our general industry advice and guidance moving forward.”