Disclosure
- Disclosure of information encompasses various areas.
- In court when presenting evidence disclosure prevents "trial by ambush" since all sides are entitled to consider the evidence and prepare a defence.
- A landlord introducing "new information" in court would require 'leave of the court' (permission) to present it.
- Material Facts are a form of disclosure i.e. facts which are important to those requesting them.
- Insurers require candid disclosure of facts material to risks affecting premiums.
- Mortgage lenders set interest rates partly based on risk. False information securing an offer not otherwise available is fraud
- Landlords induced to enter into an agreement in reliance on false information may, under ground 17 of the housing Act 1988, evict a tenant for such induction.
- Letting Agent have a fiduciary duty to disclose all fees charged to their landlord clients.
- Some letting agents circumvent disclosure by loading service charges by 10 to 20% of the value of any maintenance. The charge is not necessarily wrong but non-disclosure is!
Published: 24 September 2015 Last Updated: 17 November 2021