The property located in a disused warehouse was in the process of being converted into residential apartments. The buyer in this complaint believed that the agent failed to disclose that the basement of the building was used as a nightclub, access for which was gained through a telephone box. The buyer explained that the entrance to the nightclub was concealed from view and she was therefore unaware that the basement was being used for this purpose until she received the mortgage valuation survey. She said that she was unable to obtain mortgage funding for the apartment due to the commercial aspect of the building and so was forced to withdraw from the purchase. The buyer was looking to recover her £5,000 reservation fee which she paid to reserve the property. When marketing the property for sale, the agent had an obligation by law and under Paragraph 7i of the TPO Code of Practice to comply with the Consumer Protection from Unfair Trading Regulations (CPRs). To see the case summary in full, visit:- www.tpos.co.uk/news-media-and-press- releases/case-studies/item/a-basement- bar-requirement-to-disclose-under-cprs A BASEMENT BAR? REQUIREMENT TO DISCLOSE UNDER CPRS   LET UNDER FALSE PRETENCES: AGENT’S ACTIONS SEE TENANTS OUT OF POCKET AND HOME The Ombudsman was asked by tenants to review an unusual situation from tenants concerning their tenancy as well as the handling of their complaint by the agent. The tenants said that they had not been treated fairly by their agent who allowed them to enter into a six-month tenancy at a time when the property should not have been let as the landlord had recently been declared bankrupt. The tenants said that the agent took six months’ upfront rent, under false pretences. Evidence made it clear that the agent was fully aware of the landlord’s situation. Emails to the agent provided both a Bankruptcy Order and a Certificate of Appointment to act over the landlord’s affairs. The property had been let previously. The landlord had been declared bankrupt some time during this previous let and the Trustee in Bankruptcy had contacted the agent at that time, explaining that they would be seeking an order for possession and advising that the property should remain vacant for the time being. The agent had not adhered to these instructions, and once the previous tenant had vacated they arranged a let to the complainants. The Ombudsman deemed the agent to have been reckless in arranging a tenancy agreement to commence and making the tenants pay six months’ rent upfront. www.tpos.co.uk/news-media-and-press- releases/case-studies/item/let-under- false-pretences-agent-s-actions-see- tenants-out-of-pocket-and-home