Digital Markets, Competition and Consumers Act 2024

The DMCCA contains provisions to protect consumers from unfair trading, which replace and update the existing CPRs with some changes. These include more detailed prohibitions targeting modern unfair practices — such as fake consumer reviews and ‘drip pricing’ (where unavoidable fees are hidden until late in the purchase process).

The Act also grants the Competition and Markets Authority (CMA) new responsibilities to oversee the digital markets competition regime, alongside stronger enforcement powers to tackle unfair practices and improve consumer confidence. 

The CMA has issued guidance to help businesses understand the new law – you can access the guidance here.

This change has direct implications for managing agents, particularly in relation to the leasehold property information they provide - for example, through the LPE1 form. 

Why is this relevant to managing agents?

• The DMCCA applies directly to managing agents when they provide services to consumers — such as supplying leasehold information packs.
• Agents acting on behalf of landlords or freeholders may also be affected — particularly if the DMCCA replaces the Business Protection from Misleading Marketing Regulations 2008 (BPRs). We are currently seeking confirmation on this point.
• National Trading Standards guidance for sales and lettings agents under the CPRs has been withdrawn without notice. This guidance had previously shaped how estate agents request leasehold information — so expect changes in how and when information is requested.
• The DMCCA introduces stronger enforcement powers. As a result, estate and lettings agents may become more rigorous about obtaining “material information” earlier in the sales process. This is likely to lead to an increase in both the volume and urgency of enquiries — so please be prepared.

We will continue to monitor developments and will share further updates as soon as more information becomes available.