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“Under the Consumer Rights Act 2015, online platforms do not meet the definition of a letting agent because they carry out the functions of advertising, disseminating information and bringing people together, none of which qualify as letting agency work. In addition, the proposal goes on to say that while portals are not agencies, they can be a means of enforcing higher energy efficiency. If the letting agent fails to provide an EPC or offers a property without one, they may be in breach of the respective codes of practice and thus in breach of the Consumer Protection from Unfair Trading Regulations 2008.” " The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to Scheme etc) (England) Order 2014: dictates that all letting agents join one of two government approved redress schemes. "- Consumer Protection from Unfair Trading Regulations 2008: letting agents who state inaccurate EPC ratings may be in breach of these Regulations. An agent in breach of the EPB Regulations may be subject to a penalty charge of £200. "- EPB Regulations: a letting agent must secure an EPC commissioned for the building and, where a property is rented, a letting agent must ensure that the EPC rating is stated on any rental advertisement in commercial media.
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This includes provisions contained in the Energy Performance of Buildings (England and Wales) Regulations 2012 (hereafter ‘EPB Regulations’) and in the Consumer Protection from Unfair Trading Regulations 2008. “Legislation placing requirements on letting agents is already in place. In addition, online property platforms (which are generally not considered to be letting agents) play an increasingly important role in the lettings process. “Around 43% of landlords use a letting agent to either let or let and manage a property for them. When the BEIS is looking at enforcement, it sees agents as a possible route, and the consultation document says: