The Law Society will pause its work on the material information form it planned to accompany the updated TA6 sixth edition due out in the Autumn. Speaking at the Bold Legal Conference Law Society Vice President Mark Evans said the withdrawal of the National Trading Standards Estate and Lettings Agents Team’s (NTSELAT) material information guidance had taken the Law Society, and government, by surprise and announced work on the material information form would be paused to evaluate further options.
Last year The Law Society launched a consultation on what an updated TA property information protocol form should look like and include following backlash from the profession over the extended fifth edition which included a number of questions designed to capture material information relevant to the transaction. In the interim both the fourth and fifth editions of the form would be accepted under the Conveyancing Quality Scheme (CQS) protocol.
In March a new ‘two form’ approach was announced; a new 6th edition TA6 property form which is mandatory for Conveyancing Quality Scheme (CQS) members from March 2026 and is designed to be used when an offer has been accepted; and a material information form, which is not mandatory for CQS members and is designed for conveyancers to use if they choose to accept instructions by sellers before they list their property. Its aim was to help sellers gather the material information they are recommended to provide to the estate agent.
However, just weeks ago the NTSELAT guidance was speedily withdrawn catching many unaware with a message on the website simply saying
“The development of guidance on material information was based on supporting estate and letting agents to meet their legal obligations under Consumer Protection from Unfair Trading Regulations 2008.
“These regulations have since been superseded and replaced by the new Digital Markets, Competition and Consumers Act 2024. In light of this, the guidance on material information for estate agents and letting agents has been withdrawn.”
Proponents of material information have been keen to point out the duty to comply with regulations, which require the capture of information which could influence any purchasing decision in a timely fashion to enable an informed decision, remains. But Evans said the Law Society had decided to pause its work on the additional material information form.
It has however begun initial trials with the updated sixth edition of the TA6 form which has now been finalised and will be formally released in October. There is nothing on the form relating to material information, said Evans, with the updated version running to 10 pages front and back (20 pages in total). Evans added it aligned more closely with the fourth edition in terms of content with updated wording to reflect efforts to write in plain English and ensure the form is simple to understand for home movers. Evans also confirmed the existing timescales for the release of the sixth edition (October 2025) and withdrawal of the fourth and fifth editions (March 2026) remain on track.
Pressed on whether the Law Society still believed conveyancers should be instructed at the point of listing, Evans said it was ‘important’ conveyancers are instructed at an earlier stage in the transaction.
In a wide-ranging discussion with Bold Legal Group CEO Rob Hailstone, Evans also confirmed plans to regulate estate agents remains on the government’s agenda. A show of hands in the room suggested the majority of attendees felt regulation around the property sector, taking into account legal, financial services, and surveying, should be reflected in estate agency.
On the current debate over the responsibility of conveyancers to conduct climate change searches Evans acknowledged it placed more pressure on conveyancers and the guidance published reflected the responses to the consultation on how conveyancers wanted the Law Society to support them. The key phrase in the guidance he added is ‘if instructed by your client’; if you’re not asked, don’t advise and do not provide legal advice which is beyond your expertise. Check your retainer and signpost clients to the most appropriate resource, suggesting for example to recommend a survey rather than a mortgage valuation.
In summing up Evans said he considered the work of conveyancers to be ‘relentless’ and ‘undervalued’ but called on the profession to take more control of the ‘narrative’ portrayed through social media platforms. Imploring attendees to be more respectful and less confrontational in their online exchanges, Evans said it was the role of everyone in the profession to encourage newly qualified lawyers into conveyancing roles.
One Response
Good article by Today’s Conveyancer.
The Property Lawyers Alliance (PLA) had always understood that the old guidance became redundant when the new Digital Markets, Competition and Consumers Act 2024 was enacted. This is why PLA consulted extensively with the CMA last year. The CMA exercises a quasi-judicial role and can levy its sectoral fines.
On climate change, PLA has always maintained a robust position, that property lawyers must not get involved and make it very clear to their clients that climate change legal issues and other related matters are excluded from their retainer. The late, great Denning MR made it clear in a professional negligence case that if any lawyer wants to exclude something from a retainer, then such an exclusion must be prominent using red ink!