Kent County Council approves £5,000 fine for estate agents which are not transparent on fees

Kent County Council has introduced a £5,000 fine for estate agents who fail to declare their fees to customers.

If letting agents do not disclose their charges at their office or on their website, or fail to state if they are part of a money protection scheme, Trading Standards will issue a financial penalty.

Those issued with a penalty notice will then have a 28-day period to “put the matter right”.

Estate agents could face a £5,000 fine for failing to declare fees
Estate agents could face a £5,000 fine for failing to declare fees

Councillors agreed to a £5,000 set fine, set by the Government, at the growth, economic development and communities cabinet committee last week.

This will be enforced unless there are “extenuating circumstances”

Head of KCC Trading Standards, Steve Rock, said: “It appears like we have some arbitrary power and just march into a letting agents and say ‘right give us £5,000, please’.

“It’s not. This is part of a long process.

“We need to put the information out there and give the letting agents a chance to see if they are complying, then look to visit.

“We then give them a chance to put the matter right.”

He added: “The idea is about bringing fairness into the market and transparency.

Estate agent signs in Tankerton Road, Whitstable
Estate agent signs in Tankerton Road, Whitstable

“It’s not just for consumers, it’s also for the landlords – their ability to see what they are actually going to be charged and whether or not the services offered by that agent are suitable for the money they are paying as opposed to another agent.”

Newly appointed chairman of the committee, Cllr Seán Holden, said: “I hope letting agents understand that they are not going to be the victims of overbearing bureaucracy and I think they would have to be pretty dumb if they got one of these fines.”

Senior lettings director at estate agent group Arun Estates, which includes Kent’s Ward & Partners, said he welcomes these plans to raise standards in the industry.

Jason Bunning said: “The requirement to display fees in lettings offices and on the internet isn’t a new one but we recognise that many letting agents are still not displaying the required information correctly if at all.

“We agree that tougher enforcement is appropriate for this and any other breaches of regulatory requirements which are designed to keep consumers informed and treat them fairly.

“It looks as though a common sense approach is being adopted which is perfectly reasonable."

Mr Bunning added landlords should be wary of an agent’s knowledge and experience if they are not able to follow these “straightforward” legal requirements.

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