Consumer Rights Act

The House of Commons Library has just published a report on the Consumer Rights Act.  It can be seen here.

The Consumer Rights Act 2015 (CRA 2015) affects landlords—particularly private landlords—in several key ways by reinforcing their obligations as service providers and ensuring that tenants (as consumers) are treated fairly. Although the CRA 2015 is not housing-specific, it applies to contracts between traders and consumers, and in the context of private rentals, landlords (or their agents) are typically considered traders, and tenants are consumers.

Here’s how the CRA 2015 impacts landlords:


1. Implied Terms: Services Must Be Performed with Reasonable Care and Skill (Section 49)
  • Landlords are considered to be providing services (e.g. repairs, maintenance, handling complaints).

  • The law implies a term into the tenancy that these services must be carried out with reasonable care and skill.

  • Poor handling of repairs, inspections, or communications could be challenged under this provision.


2. Transparent and Fair Terms in Tenancy Agreements (Sections 61–69)
  • Contract terms must be transparent (plain, intelligible language) and fair.

  • Unfair terms are not binding on the tenant. For example:

    • Excessive penalties for late rent.

    • Clauses that waive the tenant’s statutory rights.

    • One-sided clauses favouring the landlord without justification.

  • Even written agreements that comply with housing legislation (e.g. Housing Act 1988) must also comply with the fairness test in the CRA.


3. Information Requirements for Letting Agents (Part 3)
  • Letting agents must display fees, membership of redress schemes, and client money protection schemes prominently.

  • Failure to comply can lead to civil penalties.

  • While this primarily affects agents, landlords using agents are indirectly affected through compliance risk and tenant challenge.


4. Remedies for Tenants
  • If a landlord (or agent) breaches the CRA, tenants may have access to:

    • Refunds or price reductions.

    • Compensation or damages.

    • Challenge of unfair terms through the courts or alternative dispute resolution.


5. Digital Communication and Notices
  • If landlords or agents provide digital information or services, these must also comply with CRA standards—e.g., terms must be accessible and clear if sent by email or on a website.


Practical Implications for Landlords
  • Use clear, balanced tenancy agreements.

  • Ensure maintenance and communication are handled professionally and diligently.

  • Be aware that tenants may now challenge terms or service quality under consumer law—not just housing law.

  • If using letting agents, ensure they comply with the CRA as their actions can affect your liability.


Summary

The CRA 2015 reinforces that landlords are accountable as service providers, not just property owners. It adds an extra layer of consumer protection on top of housing law and strengthens tenants’ ability to challenge unfair practices, especially around the quality of service and the fairness of tenancy terms.

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