AHIPP responds to HIPs investigation

Paul Broadhead, Deputy Director General, Association of Home Information Pack Providers (AHIPP) comments on the Evening Standard’s recent investigation into Home Information Packs (HIPs): “Any agent or private seller who defies the law is likely to end up with fines of £200 a day which can be repeated at the discretion of Trading Standards officials.*

“If agents persist in not providing a HIP for a seller then the case can be referred to the Office of Fair Trading who have the powers to issue banning orders against the offending agent.

“What estate agent in the land is going to risk their reputation by not providing a HIP before marketing of a house begins?”

*2007 Regulations:

Regulation 35 set the penalty charge initially at £200. It should be noted that payment of this penalty charge does not entitle the person to continue marketing the property in breach of the home information pack duties. To do so could render that person liable to further penalty charge notices. If the person is an estate agent, it also amounts to an “undesirable practice” for the purpose of section 3(1)(d) of the Estate Agents Act 1979, and would render them liable to action by the Office of Fair Trading. This could result in a banning order which would prevent them from continuing to trade (see section 175 of the 2004 Act).