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!

What are your thoughts?

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